(a) This section does not apply to a district that overlies the Dockum Aquifer and includes wholly or partly 10 or more counties.
(b) When a district submits an application for a brackish groundwater production zone operating permit to the agency, the agency will conduct a technical review of the application, subject to subsections (c) and (d) of this section.
(c) Upon receipt of such an application, the agency will assess the application to determine whether a proposed production well is located within a designated brackish groundwater production zone. If a proposed production well is not located within a designated brackish groundwater production zone, the agency will not conduct the technical review of the application. If a proposed production well is located within a designated brackish groundwater production zone, the agency will conduct the technical review of the applicable permit application or applicable portions of a permit application in accordance with subsections (d) - (f) of this section.
(d) Upon receipt of an application for a brackish groundwater production zone operating permit for a proposed production well located within a designated brackish groundwater production zone and that includes all of the information required by Texas Water Code §36.1015(g), the agency will conduct a technical review of the application. If the agency does not receive all of the information required by Texas Water Code §36.1015(g), the agency will notify the district of the missing information. The agency will not conduct a technical review of an incomplete application until all required information is received.
(e) After conducting the application assessment and required technical review of a complete application, the agency shall provide a report of the technical review of the application to the district that submitted the application that includes:
  (1) findings regarding the compatibility of the proposed well field design with the designated brackish groundwater production zone, including:
    (A) whether the proposed production exceeds the amount of brackish groundwater that the zone is capable of producing over a 30-year period and a 50-year period, as determined pursuant to Texas Water Code §16.060(e) and is in addition to the amount of modeled available groundwater provided under Texas Water Code §36.108; and
    (B) whether the parameters and assumptions used in the model described in Texas Water Code §36.1015(g)(4)(A) are compatible with the designated brackish groundwater production zone;
  (2) recommendations for the monitoring system required by Texas Water Code §36.1015(e)(4) and (6), including whether the number of monitoring wells are adequate and in appropriate locations and aquifers, in accordance with recommendations established under Texas Water Code §16.060(e)(2)(B);
  (3) verification the district required monitoring of land elevations for a project located in a designated brackish groundwater production zone in the Gulf Coast Aquifer as required by Texas Water Code §36.1015(e)(5).
(f) The findings and recommendations included in subsection (e) of this subsection will only be site-specific if the agency has received site-specific data and information from the district.

Source Note: The provisions of this §356.71 adopted to be effective February 11, 2021, 46 TexReg 931