Section 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;(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.31 Tex. Admin. Code § 356.71
Adopted by Texas Register, Volume 46, Number 06, February 5, 2021, TexReg 0933, eff. 2/11/2021; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0187, eff. 1/6/2025