Texas Water Code
§ 31.012 — ISSUANCE OF PERMIT
WA § 31.012Title 2. WATER ADMINISTRATION · Part D. WATER QUALITY CONTROL · Ch. 31. SUBSURFACE EXCAVATIONS
Statute text
View on source(a)The commission may grant an application in whole or part and may issue the permit if it finds that:
(1)the construction or use of the subsurface excavation is in the public interest and that after consideration of all alternative sites there is a public need for construction of the subsurface excavation at the location for which the application is made;
(2)existing rights, including mineral rights, water rights, and adjacent surface rights, are not impaired;
(3)any surface storage of spoils or industrial waste will not harm adjacent surface property used for agricultural purposes;
(4)with proper safeguards, both groundwater and surface water can be adequately protected from pollution; and
(5)the applicant has made a satisfactory showing of financial responsibility if required by Section 31.018(b) of this code.
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Legislative history
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.