1. (a) Applicants who have applied and were eligible for Economically Distressed Areas Program funding under §363.512 of this title (relating to Projects Related to Implementation of the Water Plan), and where sufficient funds are not available in the program to fund the project, will be given first consideration for funding under this subchapter.

2. (b) Notwithstanding subsection (a) of this section, applications shall be prioritized based on the number of factors met by the project seeking financial assistance. The following factors shall be considered by the Executive Administrator when ranking the applications:

   1. (1) projects which result in the development of a new, usable supply of water;
   2. (2) projects which have the earliest identified need, as identified in the water plan; and

   3. (3) 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.
3. (c) If two or more projects receive the same priority ranking, priority will be given to the project having the service area with the lowest median annual household income, weighted by population of each of the areas served, based upon the most current data available from the U.S. Bureau of the Census for all the areas to be served by the project.

Source Note:The provisions of this §363.1208 adopted to be effective December 25, 2007, 32 TexReg 9721.