Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain river segments and drainage areas.

Contracts

• Real Estate Purchase Agreements: Immediate review required. If a closing is contingent upon "securing utilities" or "permitting," the definition must be amended. If the deal pro-forma relies on a direct discharge permit that has not yet been filed, the contract is likely frustrated.
• Engineering MSAs: Update scopes of work for civil engineers. Contracts must explicitly require "Zero Discharge" design standards (e.g., evaporation ponds, irrigation fields) for any new project in Val Verde County.
• Lending Covenants: Notify lenders if asset valuation relies on development density that is no longer achievable due to the land requirements of wastewater spray fields.

Hiring/Training

• Technical Competency: Engineering teams must be proficient in Texas Land Application Permits (TLAP). Reliance on standard TPDES discharge expertise is now a liability in this region.
• Site Assessment: Acquisition teams require training to identify hydrological connections. If a dry creek bed on a potential site "drains into" the Devils River during rainfall, the site is subject to the ban.

Reporting & Record-Keeping

• Application Timestamping: For any application currently in process, you must secure and archive irrefutable proof of the submission date and the determination of "administrative completeness" prior to June 20, 2025.
• Stormwater Segregation: Facilities utilizing the stormwater exception must maintain rigorous logs proving that stormwater runoff is strictly segregated from process wastewater or domestic sewage.

Fees & Costs

• Capital Expenditure (CapEx): Expect a sharp increase in development costs. Land application systems require significantly more acreage than discharge systems.
• Asset Devaluation: Land inventory in Val Verde County previously valued based on high-density development (supported by discharge utilities) faces immediate write-downs due to the acreage now required for waste disposal.