Texas Water Code - WATER § 31.012. Issuance of Permit

(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.