(a) Information in the water conservation plan provided by an applicant for a water right permit to divert marine seawater or seawater shall be considered by the commission in determining whether any practicable alternative exists, whether the requested amount is reasonable and necessary for the proposed use, and to ensure that reasonable diligence will be used to avoid waste and achieve water conservation.
(b) A water conservation plan submitted with an application requesting to divert marine seawater or seawater must include data and information which:
  (1) supports the applicant's proposed use of marine seawater or seawater with consideration of the water conservation goals of the water conservation plan;
  (2) evaluates conservation as an alternative to the proposed diversion of marine seawater or seawater;
  (3) evaluates other feasible alternatives to new water development. It shall be the burden of proof of the applicant to demonstrate that the requested amount is necessary and reasonable for the proposed use; and
  (4) demonstrates compliance with applicable provisions, based on the proposed use, in §295.9 of this title (relating to Water Conservation and Drought Contingency Plans).

Source Note: The provisions of this §297.208 adopted to be effective December 8, 2016, 41 TexReg 9559