1. (a) The board will give priority to projects that the legislature has determined shall receive priority for financial assistance from the State Participation Account.

2. (b) After first prioritizing projects that the legislature has determined shall receive priority, the factors to be used by the executive administrator to prioritize the remaining projects seeking financial assistance from the State Participation Account shall be as follows:

   1. (1) water development projects will receive priority over wastewater projects;
   2. (2) priority will be given to projects which result in the development of a new, usable supply of water;
   3. (3) priority will be given to projects which have received previous board funding for facility planning, design, or permitting for the project;

   4. (4) priority will be given to entities that:

      1. (A) have already demonstrated significant water conservation savings; or
      2. (B) will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought.
   5. (5) priority will be given to projects which have the earliest identifiable need, as outlined in the water plan.

Source Note:The provisions of this §363.1007 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 15, 2009, 34 TexReg 2385.