1. (a) Prior to designating a critical area, the State Board, in cooperation with affected SWCDs, other agencies, universities, and appropriate local interests, may study the feasibility of utilizing brush control to conserve water.

2. (b) Feasibility Studies.

   1. (1) Feasibility studies shall, where appropriate, evaluate brush type, density, and location; management methods; revegetation options; geology and soils data; water needs or potential needs; hydrology; potential water yield; wildlife concerns; economics; and landowner interest. The TPWD shall be consulted when evaluating wildlife concerns.
   2. (2) Feasibility studies shall be conducted in watersheds in the general brush control area as identified in the State Brush Control Plan or where designated by the State Board.
   3. (3) Specific watersheds for studies will be determined by the State Board in consultation with SWCDs, other agencies, and universities. SWCDs may submit written requests to the State Board for feasibility studies.
   4. (4) The State Board shall consider water needs of the area and potential for water yield when selecting watersheds for study.

3. (c) In designating critical areas, the State Board shall consider:

   1. (1) the location of various brush infestations;
   2. (2) the type and severity of various brush infestations;
   3. (3) the various management methods that may be used to control brush;
   4. (4) the severity of water conservation needs;
   5. (5) the cost effectiveness of utilizing brush control to conserve water;
   6. (6) the potential water quality impacts;
   7. (7) the availability of funding; and
   8. (8) any other criteria that the State Board considers relevant to assure that the brush control program can be most effectively, efficiently, and economically implemented.
4. (d) In designating critical areas, the State Board shall give priority to areas with the most critical water conservation needs and in which brush control and revegetation projects will be most likely to produce substantial water conservation.
5. (e) Request for designation as a critical area. SWCDs may submit written requests to the State Board for designation of areas for which the feasibility of brush control has been determined.

Source Note:The provisions of this §517.25 adopted to be effective February 13, 2003, 28 TexReg 1209.