(a) Eligible person. Any individual, partnership, administrator for a trust or estate, family-owned corporation, or other legal entity who is an owner, lessee, tenant, or sharecropper in an agricultural or wildlife operation.
(b) Ineligible person.
  (1) A person is not eligible to participate in the water supply enhancement program or to receive money from the water supply enhancement program if the person is simultaneous receiving any cost-share money for brush control on the same acreage from a federal government program.
  (2) The State Board may grant an exception to paragraph (1) of this subsection if the State Board finds that joint participation of the state water supply enhancement program and any federal brush control program will enhance the efficiency and effectiveness of a project and lessen the state's financial commitment to the project.
(c) Eligible land. To be eligible for cost-share assistance, the land must be in an agricultural or wildlife operation within a designated project area and fall into any of the following categories:
  (1) land within the state that is privately owned by an eligible person;
  (2) land leased by an eligible person over which the applicant has adequate control extending through the term of the contract period and written permission of the landowner; or
  (3) land owned by the state, a political subdivision of the state, or a nonprofit organization that holds land in trust for the state.
(d) Ineligible lands. Allocated funds shall not be used on land outside of a designated area.
(e) Eligible purposes. Cost-share assistance shall be available only for brush control included in an approved water supply enhancement plan and contract and determined to be needed by the local SWCD to conserve water.
(f) Eligible practices. Brush control methods, which the State Board has approved and which are included in the applicant's approved water supply enhancement plan and contract, shall be eligible for cost-share assistance.
(g) Requirement to file an application. In order to qualify for cost-share assistance, an eligible person shall file an application with the local SWCD.

Source Note: The provisions of this §517.33 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective December 9, 2010, 35 TexReg 10769; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173