1. (a) Upon the submittal of a written request pursuant to Water Code, §151.129, to the executive director by a person ordered by the board to completely or partially discontinue the use of groundwater, the executive director shall monitor the water delivered to the person from the alternative water supply as defined in Water Code, §151.129(f) to determine the percentage of that water supply that is surface water and the percentage that is groundwater. The request for monitoring must be submitted, together with the following information, to the executive director no later than six months prior to the end of the permit year immediately following the board's order. The submittal of an administratively complete request will entitle the person to monitoring not during that permit year, but during the first succeeding permit year, subject to the provisions of subsection (b) of this section. For purposes of Water Code, §151.129, a person shall be deemed to have been ordered to completely or partially discontinue the use of groundwater the board issues a permit that results in the person's use of surface water as an alternative water supply. For purposes of Water Code, §151.129, the request for monitoring shall be deemed made as of the first day of the permit year following the timely receipt by the executive director of an administratively complete request subject, however, to the provisions of subsection (b) of this section. The following information shall be provided to the executive director with the request for monitoring:

   1. (1) a layout of the existing facilities and distribution lines owned by the person, including without limitation, designation of all points of connection to any alternative water supply;
   2. (2) engineering specifications for facilities and lines described in paragraph (1) of this subsection;
   3. (3) results of previous investigations regarding percentages of groundwater and surface water supplied to the person making the request;
   4. (4) if the person is a political subdivision of the state, a copy of the resolution adopted by the governing body authorizing the request;
   5. (5) a certified copy of the permit for the year covered by the board's order;
   6. (6) if the person is a corporation, a resolution adopted by its board of directors authorizing the request; and
   7. (7) any additional information deemed relevant to the monitoring request and requested by the executive director.
2. (b) If a person fails to comply fully with subsection (a) of this section, the person's alternative water supply will not be monitored during the permit year immediately succeeding the permit year covered by the board's order. Upon receipt of the information set forth in subsection (a) of this section, the monitoring request will be administratively complete.
3. (c) After an appropriate review of the information submitted under subsection (a) of this section, if the executive director determines that the monitoring request is technically deficient, the executive director may request additional information from the person or the board, or both. The monitoring period shall not commence until six months from the date the application is deemed technically sufficient by the executive director.

Source Note:The provisions of this §293.362 adopted to be effective November 7, 1988, 13 TexReg 5388; amended to be effective October 22, 1996, 21 TexReg 9905.