(a) On its own petition or on the petition of a soil and water conservation district, the State Board may delineate an area having the potential to develop agricultural or silvicultural nonpoint source water pollution problems.
(b) Problem areas may be delineated based on the following criteria:
  (1) data and information submitted by soil and water conservation districts;
  (2) data and information obtained by the State Board;
  (3) studies conducted by the State Board or soil and water conservation districts;
  (4) assessments, special studies, and programs and research conducted relative to surface and underground water quality pursuant to the Federal Clean Water Act, §§106, 305b, 314, and 319; the Coastal Zone Act Reauthorization Amendments (CZARA), §6217; the National Estuary Program; the Federal Insecticide, Fungicide, and Rodenticide Act; the Texas Water Code, §26.0135; the Texas Clean Rivers Program and data and information collected or obtained by other local, state, or federal governmental entities;
  (5) guidelines developed and promulgated by the State Board.
(c) Allocation of resources will be based on priority considerations. In allocating resources for the programs specified in §523.1(b)(1) - (4) of this title, the State Board will consider the following:
  (1) known problems, where the State Board has determined that adequate data show the existence of a water quality problem caused by agricultural or silvicultural nonpoint sources;
  (2) potential problems, where the State Board has determined that the intensity and location of certain agricultural and silvicultural activities requires program implementation to prevent pollution problems caused by agricultural and silvicultural nonpoint source activities;
  (3) corrective action plans needing to be implemented, the economic impact on producers, and benefits to water quality. Corrective action plans may include, but are not limited to, watershed protection plans, total maximum daily loads and associated implementation plans, nonpoint source grant project plans, or certified water quality management plans.

Source Note: The provisions of this §523.2 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective July 8, 2013, 38 TexReg 4384