31 Tex. Admin. Code § 517.36 - Water Supply Enhancement Plans for Landowners
(a) The State Board shall consult with each
successful applicant for a cost-sharing contract to create a 10-year plan for
the land that is subject to the contract to enhance the water supply in the
area.
(b) A plan created under this
section must include:
(1) provisions for brush
control or other water supply enhancement activities;
(2) a provision for follow-up brush
control;
(3) a provision requiring
the landowner to limit the average brush coverage on the land that is subject
to the contract to not more than five percent throughout the course of the
10-year plan; and
(4) periodic
dates throughout the course of the 10-year plan on which the State Board will
inspect the status of brush control on the land that is subject to the
contract.
(c) Signature
of a performance agreement. As a condition for receipt of cost-share assistance
for brush control, the eligible person receiving the benefit of such assistance
shall agree to perform the brush control in accordance with standards
established by the State Board and the terms of the cost-share agreement.
Completion of the performance agreement and the signature of the eligible
person are required prior to payment.
(d) The SWCD may require refund of any or all
of the cost-share paid to an eligible person when acres where brush control was
applied has not been managed in compliance with applicable standards and
specifications for the practice in accordance with the terms of the cost-share
contract as agreed to by the eligible person.
(e) In cases of hardship, death of the
participant, or at the time of transfer of ownership of land where brush
control has been applied using cost-share assistance and terms of the contract
has not expired, the participant, heir(s), or buyer(s) respectively, must agree
to properly manage the treated area or the participant, heir(s), or the
buyer(s) by agreement with the seller must refund all or a portion of the
cost-share funds received for the practice as determined by the SWCD. The State
Board, on a case-by-case basis, in consultation with the SWCD, may grant a
waiver to this requirement.
(f) A
plan created under this section may not condition implementation of the
provision for follow-up brush control on receipt of additional funding for the
follow-up brush control from a state source other than the original
cost-sharing contract.
(g) Status
reviews as required by subsection (b)(4) of this section are conducted by the
State Board within three to five years after initial treatment of brush. A
second status review is conducted within eight to nine years after initial
treatment.
(h) If the eligible
person, as defined in §
517.33(a) of
this subchapter, receiving a cost-sharing contract is found to be out of
compliance with the provision described in subsection (b)(3) of this section,
that person will not be eligible for another water supply enhancement contract
from the State Board for a period of ten years after being found out of
compliance.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.