(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(a-1).
(b) A person wishing to place water imported into the state from a source located wholly outside the state into a stream or watercourse, convey the imported water in the watercourse or stream, and subsequently divert such water shall file 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 points of discharge and diversion as identified on a United States Geological Survey 7.5 minute topographical map(s);
  (3) the source, amount, and rates of discharge and diversion;
  (4) a description of the water quality of the water discharged and, if applicable, the permit number and name of any related discharge permit;
  (5) a copy of the legal authorization for the imported water from the source state;
  (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; and
  (7) an accounting plan demonstrating that no state water will be diverted under this rule.
(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 is subject to the review and approval of the executive director.

Source Note: The provisions of this §295.114 adopted to be effective May 6, 2010, 35 TexReg 3500