1. (a) Every five years, a retail public utility, as defined by Texas Water Code §13.002, which provides potable water shall perform a water loss audit and file with the executive administrator a water loss audit form computing the utility's most recent annual system water loss. The water loss audit shall be performed in accordance with methodologies developed by the board based on the population served by the utility and taking into consideration the financial feasibility of performing the water loss audit, population density in the service area, the retail public utility's source of water supply, the mean income of the service population, and any other factors determined by the board. At least one year prior to the required filing, the executive administrator will provide the necessary forms and methodologies approved by the board to the retail public utility via first-class mail, electronic mail, or both. Retail public utilities shall submit the water loss audit form to the executive administrator by the 31st day of March. The first water loss audit form shall be submitted no later than March 31, 2006. The water loss audit form may be submitted electronically. The executive administrator shall compile the information included in the water loss audits according to category of retail public utility and according to regional water planning area.
2. (b) The executive administrator shall determine if the water loss audit form is administratively complete. A water loss audit form is administratively complete if all required responses are provided. In the event the executive administrator determines that a retail public utility's water loss audit form is incomplete, the incomplete audit form will be returned to the utility. The retail public utility will then have 30 days from the new postmark date or electronic mail sent date to complete the items found deficient and return a complete water loss audit form to the executive administrator. A retail public utility that fails to submit a water loss audit form or that fails to timely correct a water loss audit form that is not administratively complete is ineligible for financial assistance for water supply projects under Texas Water Code, Chapter 15, Subchapters C, D, E, F, J, O, and P; Chapter 16, Subchapters E and F; and Chapter 17, Subchapters D, I, K, and L. The retail public utility will remain ineligible for financial assistance until a complete water loss audit form has been filed with and accepted by the executive administrator.

Source Note:The provisions of this §358.6 adopted to be effective December 6, 2004, 29 TexReg 11366.