§ 15.437 — PRIORITIZATION OF PROJECTS BY BOARD.

Texas § 15.437

• Jurisdiction: Texas
• Code WA: Water Code

Text

Sec. 15.437. PRIORITIZATION OF PROJECTS BY BOARD. (a) The board shall prioritize projects included in the state water plan for the purpose of providing financial assistance under this subchapter.
(b) The board shall establish a point system for prioritizing projects for which financial assistance is sought from the board. The system must include a standard for the board to apply in determining whether a project qualifies for financial assistance at the time the application for financial assistance is filed with the board.
(c) The board shall give the highest consideration in awarding points to projects that will have a substantial effect, including projects that will:
(1) serve a large population;
(2) provide assistance to a diverse urban and rural population;
(3) provide regionalization; or
(4) meet a high percentage of the water supply needs of the water users to be served by the project.
(d) In addition to the criteria provided by Subsection (c), the board must also consider at least the following criteria in prioritizing projects:
(1) the local contribution to be made to finance the project, including the up-front capital to be provided by the applicant;
(2) the financial capacity of the applicant to repay the financial assistance provided;
(3) the ability of the board and the applicant to timely leverage state financing with local and federal funding;
(4) whether there is an emergency need for the project, taking into consideration whether:
(A) the applicant is included at the time of the application on the list maintained by the commission of local public water systems that have a water supply that will last less than 180 days without additional rainfall; and
(B) federal funding for which the project is eligible has been used or sought;
(5) if the applicant is applying for financial assistance for the project under Subchapter Q, whether the applicant is ready to proceed with the project at the time of the application, including whether:
(A) all preliminary planning and design work associated with the project has been completed;
(B) the applicant has acquired the water rights associated with the project;
(C) the applicant has secured funding for the project from other sources; and
(D) the applicant is able to begin implementing or constructing the project;
(6) whether the project is a water supply project that contains a flood control component, regardless of whether the applicant holds a certificate of convenience and necessity under which it provides retail water or wastewater service; and
(7) the demonstrated or projected effect of the project on water conservation, including preventing the loss of water, taking into consideration, if applicable, whether the applicant has filed a water audit with the board under Section 16.0121 that demonstrates that the applicant is accountable with regard to reducing water loss and increasing efficiency in the distribution of water.

Legislative History

Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4 ), Sec. 2.02, eff. November 5, 2013. Amended by: Acts 2021, 87th Leg., R.S., Ch. 68 (H.B. 1905 ), Sec. 2, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 92 (S.B. 1967 ), Sec. 2, eff. September 1, 2025.