A district may use bond proceeds to acquire or construct storm water detention facilities, as part of an authorized district project the cost of which shall be subject to developer contribution under the provisions of §293.47 of this title (relating to Thirty Percent of District Construction Costs To Be Paid by Developer) unless the district or the project is exempt under such regulation, provided:
  (1) the storm water detention facilities are either necessary as an alternative to the drainage channel improvements in that channel improvements will not provide adequate drainage to all or any portion of the land within the district, or cost effective as opposed to alternative drainage improvements, or required by a public entity having drainage jurisdictional responsibility;
  (2) the facilities are designed and constructed so as to be capable of attenuating only the flood water quantity produced by the differences between the postdevelopment peak rate of runoff and the predevelopment peak rate of runoff, such differential being based on design criteria established by the responsible jurisdictional public entity, if available, unless the local political subdivision with drainage jurisdiction justified to the commission the approval of district costs based on criteria different from this criteria; and
  (3) all required permits and approvals are obtained prior to construction of the storm water detention facilities, including without limitation, any permits required by the United States Corps of Engineers and any approvals required by any city within whose extraterritorial jurisdiction the district lies, the county engineer, any flood control district, the United States Corps of Engineers, and any necessary approval of the commission under the Texas Water Code, §16.236.

Source Note: The provisions of this §293.52 adopted to be effective September 5, 1986, 11 TexReg 3736.