1. (a) An application for a new production area authorization or an amendment to a production area authorization is not subject to opportunity for a contested case hearing if:

   1. (1) the authorization is for a production area within the boundary of the permit under which the authorization will be issued and the permit includes, for each production area addressed in the application, a range table with values established in accordance with the requirements in §305.49(a)(10) of this title (relating to Additional Contents of Application for an Injection Well Permit);
   2. (2) the application includes, for each production area addressed in the application, a restoration table with restoration parameter values that do not exceed the high values for the respective parameters in the permit range table;
   3. (3) the application is for a production area within the boundary of the permit under which the authorization will be issued, and the application meets the requirements at §331.104(a) - (d) of this title (relating to Establishment of Baseline and Control Parameters for Excursion Detection) regarding baseline wells; and

   4. (4) not later than 30 days after the date the executive director determines the application to be administratively complete, the Notice of Receipt of Application and Intent to Obtain Permit is mailed to:

      1. (A) the owners of the surface of:

         1. (i) the tract of land on which the existing or proposed production area is or will be located; and
         2. (ii) the tracts of land adjacent to the tract of land on which the existing or proposed production area is or will be located;

      2. (B) the owners of mineral rights underlying:

         1. (i) the tract of land on which the existing or proposed production area is or will be located; and
         2. (ii) the tracts of land adjacent to the tract of land on which the existing or proposed production area is or will be located; and
      3. (C) any groundwater conservation district established in the county in which the existing or proposed production area is or will be located.
2. (b) A restoration table may not be amended to exceed a respective maximum value of the permit range table.

Source Note:The provisions of this §331.108 adopted to be effective March 12, 2009, 34 TexReg 1638; amended to be effective December 11, 2014, 39 TexReg 9586; amended to be effective March 19, 2026, 51 TexReg 1704.