A district may use bond proceeds to pay assessments or charges for capacity in regional stormwater management systems, subject to developer contribution under the provision 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 §293.47 of this title (relating to Thirty Percent of District Construction Costs To Be Paid by Developer), provided:     
       (1) the regional stormwater system has been adopted by a public entity having drainage jurisdiction and regulatory authority over the construction of drainage improvements;       
         (2) participation in the regional system is required by the public entity having drainage jurisdiction to mitigate the impact of district development activity on flood potential and is required in lieu of any other drainage facilities within or outside of the district that could be constructed directly by the districtfor the same purpose;         
           (3) the cost of participation in the regional system is uniform over a given watershed or planning area and is established by the regulatory body of the public entity having drainage jurisdiction based on engineering studies of the proposed regional facilities required. Such studies should show that the charge for capacity in the regional system is comparable to the cost of alternative facilities constructed by individual districts, averaged throughout the watershed; and           
             (4) the right to the capacity in the regional system purchased by the district is established by contract with the public entity having drainage jurisdiction.            
     Source Note:        The provisions of this §293.53 adopted to be effective September 5, 1986, 11 TexReg 3736.