(a) DWSRF financial assistance is available to eligible Applicants for:
  (1) implementation of local, voluntary source water protection measures to protect source water of the system from contamination and to ensure compliance with national primary drinking water regulations applicable to the community water system;
  (2) assistance in the development of voluntary local incentive-based partnerships to reduce the presence of contaminants, to provide financial, managerial, or technical assistance, and to develop recommendations for voluntary, long-term source water protection strategies;
  (3) a capacity development strategy to assist public water systems in developing and maintaining adequate technical, financial, and management capacity; and
  (4) establishment and implementation of wellhead protection programs.
(b) Limitation. For each fiscal year, the total amount of financial assistance provided for activities under this section may not exceed 15 percent of the amount of the capitalization grant received for that year and may not exceed 10 percent of the amount of the capitalization grant for that year for any one of the following activities:
  (1) acquisition of land or conservation easements;
  (2) implementation of voluntary, incentive-based source water quality protection measures;
  (3) creation of a capacity development strategy;
  (4) delineation or assessment of source water protection areas; and
  (5) establishment and implementation of wellhead protection programs.
(c) Acquisition of land or of conservation easements from a willing seller or grantor is eligible for financial assistance for source water protection only if the purpose of the acquisition is to protect the source water of a public water system from contamination to maintain or achieve compliance with national primary drinking water regulations.

Source Note: The provisions of this §371.3 adopted to be effective July 4, 2016, 41 TexReg 4844