31 Tex. Admin. Code § 356.71 - Brackish Groundwater Production Zone Operating Permit Review
(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 will 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 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(B);
(3)
verification the district rules require 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 section only be
site-specific if the agency has received site-specific data and information
from the district.
Notes
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