The following word and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Excess capacity--The difference between the foreseeable needs of the area to be served by the useful life of the facility and the existing needs for the area to be served by the facility.
  (2) Facility--A regional or interregional facility for which an application has been submitted requesting financial assistance from the state participation account and that includes sufficient capacity to serve the existing needs of the applicant and excess capacity.
  (3) Alternate facility--A construction project that would be necessary to serve the excess capacity of the area to be served by the facility in the event that the facility was not initially constructed to meet the excess capacity.
  (4) Existing needs--Maximum capacity necessary for service to the area receiving service from the facility for current population and including the service necessary to serve the estimated population in the area ten years from the date of the application.
  (5) New water supply project--A project which will create new, usable water supply through the construction of a reservoir, dam, stormwater retention basin, or the development of conservation or innovative technologies including, but not limited to, desalinization, demineralization, other advanced water treatment practices, floodwater harvesting, or aquifer storage and recovery.
  (6) State Participation II Account--An account within the State Participation Account for the development of desalination or aquifer storage and recovery facilities under Texas Water Code 16.146.
  (7) Water plan project--A project which is identified as a recommended strategy in the water plan.

Source Note: The provisions of this §363.1002 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 9, 2023, 48 TexReg 520