Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998 Page: 7,722
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removed, and the surface where said hole was drilled shall be restored
to its former condition as nearly as possible. Upon abandonment of
a well site, all wells shall be plugged and all structures removed
in compliance with Railroad Commission and United States Army
Corps of Engineer regulations. All fills for roads and drill sites shall
be removed if requested by the commissioner.
(k) Degree of care. Lessee shall use the highest degree
of care in conducting operations on tracts leased under this chapter
and shall take all proper safeguards to prevent the discharge of any
pollutant, including solid waste, and of any hazardous substances.
To satisfy these requirements, lessee, at a minimum, must conduct
operations as a reasonably prudent operator using standard industry
practices and procedures, must satisfy express lease provisions, and
must comply with all valid, applicable federal and state regulations.
(1) Reporting Pollution. In the event that any pollution,
whether cumulative or the result of an isolated event, occurring on
a leased tract reaches a level at which it becomes a violation of
state and/or federal law, notice of all relevant facts related to such
pollution shall be filed by lessee with the General Land Office within
10 business days of lessee's receipt of notification of the violation
from the appropriate state and/or federal authorities.
(m) Separator required. All wells producing liquids must be
produced through an oil and gas separator of ample capacity and in
good working order.
201.7. Consistency with Coastal Management Program.
Except as otherwise provided in 16.1(c) of this title (relating
to Definitions and Scope), an action listed in 16.1(b) taken or
authorized by the Texas Parks and Wildlife Department or Texas
Department of Corrections Board for Lease pursuant to this chapter
that may adversely affect a coastal natural resource area, as defined
in 16.1 is subject to and must be consistent with the goals and
policies identified in Chapter 16 in addition to any goals, policies,
and procedures applicable under this chapter. If the provisions of
this chapter conflict with and can not be harmonized with certain
provisions of Chapter 16, such conflicting provisions of Chapter 16
will control.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on July 20, 1998.
TRD-9811393
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: August 30, 1998
For further information, please call: (512) 305-9129
Chapter 363. Financial Assistance Programs
Subchapter E. Economically Distressed Areas
Program
31 TAC 363.502, 363.505
The Texas Water Development Board (board) proposes amend-
ments to 363.502 and 363.505, concerning Financial As-
sistance Programs. Amendments to 363.502 and 363.505
amend definitions and amend provisions for the calculation offinancial assistance in the Economically Distressed Areas Pro-
gram.
Proposed amendments to 363.502 would amend the definition
for "Living unit equivalents or LUE" to be an annual average
of residential water usage rather than a monthly average, to
differentiate between existing provider utilities and a new utility
services, and for existing provider utilities, insure that the
number of LUE's is not less than the existing number of service
connections. The definitions for "Regional capital component
benchmark" and "Regional Payment benchmark" are amended
to rely on comparable service providers rather than an a
geographic proximity. A definition of "Comparable service
provider" is added to identify comparable service providers as
providing similar service to similarly sized population, with a
similar treatment capacity, and with customers of the similar
per capita income. The section is further amended to number
definitions in accordance with new Texas Register requirements.
Proposed amendment to 363.505 would revise the methodol-
ogy for determining the amount and form of financial assistance
on applications requesting an increase in the amount of finan-
cial assistance previously provided by the board for projects
under the Economically Distressed Areas Program. The cur-
rent method for determining the amount of the loan for project
increases would be to determine a grant to loan ratio based on
the current board methodology for determining the amount and
form of financial assistance for the project increase only, to also
determine the amount of the loan for the increase based on the
grant to loan ratio originally given for the project, and for the
board to accept the larger of the two amounts as the amount
of financial assistance to be added to the original loan for the
project. The remainder of the requested increase would be in
the form of a grant. The proposed method for determining the
amount of the loan for project increases would be to determine a
loan amount using the current capital component methodology
for the total project including the increase and then deducting
any amounts previously provided loan amounts, to also deter-
mine the amount of the loan for the increase based on the grant
to loan ratio originally given for the project and apply that ratio
to the requested increase only, and for the board to accept the
larger of the two amounts as the amount of financial assistance
to be added to the original loan for the project. The remainder
of the requested increase would still be in the form of a grant.
Patricia Todd, Director of Accounting & Finance, has determined
that for each year of the first five years that the sections
are in effect, there may be fiscal implications for state or
local government as a result of enforcing or administering the
sections. There may be increases or decreases in the amount
of funds local governments may have to borrow as a result of
the application of this new methodology. These increases or
decreases in loans cannot be forecasted as the conditions will
vary on a case-by-case basis.
Ms. Todd also has determined that for each year of the first five
years that the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be greater clarity in
determining the amount of financial assistance provided in the
form of loans as well as to insure that the applicants requesting
increases will be able to participate in the loan portion of the
program to the full extent of their ability to repay such loan.
There will not be an effect on small businesses. There may be
an anticipated economic cost to persons who are required to
comply with the amendments as proposed. There may be an
effect on individuals in the event that the application of the newJuly 31, 1998 Texas Register
24 TexReg 7722
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Texas. Secretary of State. Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998, periodical, July 31, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113850/m1/61/: accessed July 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.