1. (a) Introduction.

   1. (1) The Texas Water Development Board (Board) provides financial assistance for the construction of water facilities and therefore performs engineering reviews and analyses of projects constructed with state or federal funds administered by the Board. The Texas Natural Resource Conservation Commission (Commission) through its regulatory authority performs similar reviews and analyses of these same projects.
   2. (2) A September 21, 1992 Letter of Agreement (LOA) between the Board and a predecessor agency of the Commission addressed coordinated reviews of these projects as well as those of District bond applications and wastewater facility construction. That LOA is still in effect, but is in need of revision due to statutory changes. This Letter of Agreement is being implemented to replace the existing LOA and to accurately reflect current interaction between the Board and Commission on review of water supply projects.

2. (b) Scope of Agreement.

   1. (1) The Board will review and process Plans and Specifications for water facilities financed by the Board in a manner that will satisfy the Commission's requirements.
   2. (2) The Commission will accept the Board review of plans and specifications in lieu of its review for certain water facilities. as described under the "Coordinations" section.
3. (c) Definitions. "Plans and specifications" means the construction drawings and construction specifications and engineering design calculations which are required by Commission regulations on design criteria for water systems. The term also includes construction contract change orders.

4. (d) Limits and Exclusions.

   1. (1) This Letter of Agreement is applicable only to projects that receive financial assistance from the Board.
   2. (2) Only the Commission may grant conditional approvals and variances to its requirements relating to the review and processing of plans and specifications for water facilities.
   3. (3) The Board's review and administration on a project will not serve as an approval of an application for any permit which is regulated by the Commission.

5. (e) Plans and Specifications.

   1. (1) The Board will review plans and specifications for public water system projects financed by the Board to ensure the satisfaction of the Commission's requirements on public water systems.
   2. (2) Review of Plans and Specifications by the Board's staff will be by or under the supervision of Texas registered professional engineers.

6. (f) Coordinations.

   1. (1) The Board will coordinate the review of plans and specifications with the Commission on projects financed by the Board that involve construction of, or improvements to surface water treatment plants and public water supply wells. Plans and specifications for other water facilities financed by the Board will be reviewed only by the Board.
   2. (2) The Board will be responsible for receiving from the applicant plans and specifications for water projects that will be coordinated with the Commission. The Board will serve as the single point of contact for applicants seeking Board financial assistance.
   3. (3) The Board will provide for Commission review one set of plans and specifications for water projects that require coordination. The Commission will provide timely comments to the Board.
   4. (4) The Board will be responsible for ensuring Commission and Board changes on project plans and specifications are conveyed to the applicant and incorporated into the approved plans and specifications.
   5. (5) For all water projects reviewed by the Board, the Board will prepare a single approval document containing both Board and Commission approval of plans and specifications. The Board will send the document to the applicant with a copy to the Commission. The Board will also provide the Commission with an approved set of plans and specifications.
   6. (6) Following approval of all water project plans and specifications the Board will proceed with construction monitoring. The Commission will be advised when construction of a project commences and when construction is complete.
7. (g) Execution, Adoption, and Modification. This Agreement shall be effective on the later of June 20, 2001 or when signed by the designated representatives of both the Board and Commission. This Agreement may be modified by mutual and written consent of the parties.
8. (h) Duration. The Agreement shall continue in full force and effect until cancelled or superseded by either party. The party requesting cancellation shall give 90 days advance notice of intent to cancel and shall advise the other party in writing of the reasons for the cancellation.
9. (i) Severance Provision. Should any one or more provisions of this Agreement be held to be null, void, or for any reason without force or effect, such provision(s) shall be construed as severable from the remainder of this Agreement and shall not affect the validity of all other provisions of this Agreement which shall remain in full force and effect.

Source Note:The provisions of this §354.5 adopted to be effective July 26, 2010, 35 TexReg 6351.