1. (a) If notice by mail is required, the commission shall mail the notice by first-class mail, postage prepaid, to persons listed in this section for each type of application. The commission shall mail required notice not less than 30 days before the date set for commission consideration of the application.

2. (b) For an application for a permit pursuant to the Texas Water Code, §11.121, or for an amendment to a Texas Water Code, §11.121, permit, a certified filing, or a certificate of adjudication pursuant to the Texas Water Code, §11.122, and §295.158(b) of this title (relating to Notice of Amendments to Water Rights), notice shall be mailed to the following:

   1. (1) each claimant or appropriator of water from the source of water supply, the record of whose claim or appropriation has been filed with the commission or its predecessor agencies;
   2. (2) all navigation districts within the river basin concerned; and
   3. (3) other persons who, in the judgment of the commission, might be affected.

3. (c) For an application for a permit pursuant to the Texas Water Code, §11.143, or for an amendment pursuant to the Texas Water Code, §11.122, to a Texas Water Code, §11.143, permit, or a certificate of adjudication which authorizes diversions from a reservoir which is exempted under the Texas Water Code, §11.142, and pursuant to §295.158(b) of this title (relating to Notice of Amendments to Water Rights), notice shall be mailed to the following:

   1. (1) each person whose claim or appropriation has been filed with the commission or its predecessor agencies and whose diversion point is downstream from the location of the dam or reservoir as described in the application; and
   2. (2) other persons who, in the judgment of the commission, might be affected.
4. (d) For an application to amend a certified filing authorizing diversions from a reservoir which is exempted under the Texas Water Code, §11.142, which, if granted, will cause a change in the reservoir so that it would no longer be exempt under the Texas Water Code, §11.142, notice shall be mailed to the persons listed in subsection (b) of this section.
5. (e) For an application to authorize the use of state water for domestic and livestock use from a reservoir constructed by the federal government for which no local sponsor has been designated nor permit issued, the commission shall issue such notice as it deems appropriate.

Source Note:The provisions of this §295.153 adopted to be effective May 28, 1986, 11 TexReg 2326.