Sec. 28.031.  ISSUANCE OF PERMIT.  (a)  The commission may grant an application in whole or part and may issue the shaft permit if it finds:
(1)  that the use or installation of the shaft is in the public interest and that after consideration of all siting alternatives there is a public need for construction of the shaft at the location for which the application is made;
(2)  that no existing rights, including but not limited to mineral rights and water rights, will be impaired;
(3)  that, with proper safeguards, both ground and surface water can be adequately protected from pollution;  and
(4)  that the applicant has made a satisfactory showing of financial responsibility if required by Subsection (b) of Section 28.053 of this chapter.
(b)  In the permit the commission shall impose terms and conditions reasonably necessary to protect all water from pollution, including the necessary casing, liners, seals and surface facilities.
(c)  In the permit the commission shall impose terms and conditions for final closure of surface facilities and plugging and sealing of the shaft reasonably necessary to protect all water penetrated from pollution.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.