(a) The purpose of this section is to provide the application content requirements for a bed and banks authorization under Texas Water Code §11.042(b).
(b) A person who has discharged or intends to discharge groundwater-based effluent into a stream or watercourse and wishes to divert and use the discharged water shall submit an application with the commission containing the following information:
  (1) the name, mailing address, and telephone number of the applicant;
  (2) the name of the stream and the locations of the point of the existing or proposed discharge and diversion as identified on a USGS 7.5 minute topographical map(s);
  (3) the source, amount, and rates of the existing or proposed discharge and diversion;
  (4) a description of the water quality of the water discharged or proposed to be discharged and the permit number and name of any related discharge permit;
  (5) the date of initial discharge of the groundwater into the watercourse or stream, if applicable, and any related records of discharge periods, points, amounts and rates;
  (6) the estimated amount of water that will be lost to transportation, evaporation, seepage, channel or other associated carriage losses from the point of discharge to the point of diversion;
  (7) an assessment of the adequacy of the quantity and quality of flows remaining after the proposed diversion to meet instream uses and bay and estuary freshwater inflow needs; and
  (8) any other information the executive director may need to complete an analysis of the application.
(c) Nothing in this section shall be construed to affect an existing project for which all required water rights and reuse authorizations have been granted by the commission prior to September 1, 1997.
(d) The method and calculation of carriage losses under this section shall be subject to the review and approval of the executive director.

Source Note: The provisions of this §295.112 adopted to be effective February 21, 1999, 24 TexReg 969