17 | | - | MATERIALS. (a) In this section: |
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18 | | - | (1) "Dredged material placement area" means a |
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19 | | - | federally authorized disposal site for dredged spoils or materials. |
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20 | | - | (2) "Sole expense" means the actual cost of or an |
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21 | | - | in-kind contribution for the relocation or removal after deducting |
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22 | | - | the net salvage value derived from the dredged spoils or materials. |
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23 | | - | (b) If, in an exercise of the district's powers under this |
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24 | | - | subchapter, the district's power of eminent domain, or the |
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25 | | - | district's police power, a district requires the relocation or |
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26 | | - | removal of dredged spoils or materials from a dredged material |
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27 | | - | placement area owned, operated, managed, or established by another |
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28 | | - | district, the district that requires the relocation or removal |
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29 | | - | shall: |
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30 | | - | (1) comply with all requirements imposed by the United |
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31 | | - | States Army Corp of Engineers related to the dredged material |
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32 | | - | placement area; and |
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33 | | - | (2) either: |
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34 | | - | (A) pay at the district's sole expense the cost |
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35 | | - | of relocating or removing dredged spoils or materials; or |
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36 | | - | (B) relocate or remove the dredged spoils or |
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| 15 | + | MATERIALS. (a) If a district requires the relocation or removal of |
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| 16 | + | dredged spoils or materials in an exercise of the district's powers |
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| 17 | + | under this subchapter, the district's power of eminent domain, or |
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| 18 | + | the district's police power, the district shall: |
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| 19 | + | (1) pay at the district's sole expense the cost of |
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| 20 | + | relocating or removing dredged spoils or materials; or |
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| 21 | + | (2) relocate or remove the dredged spoils or |
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38 | | - | (c) If the relocation or removal of dredged spoils or |
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39 | | - | materials under Subsection (b) results in the reduction of another |
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40 | | - | district's rights to capacity in the dredged material placement |
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41 | | - | area, the district that required the relocation or removal shall be |
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42 | | - | obligated to: |
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43 | | - | (1) replace the affected district's lost capacity and |
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44 | | - | provide rights to the replaced lost capacity in an alternative |
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45 | | - | dredged material placement area; and |
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46 | | - | (2) pay the affected district's increased costs, if |
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47 | | - | any, to transport the dredged spoils or materials associated with |
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48 | | - | the lost capacity to the alternative dredged material placement |
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49 | | - | area described by Subdivision (1). |
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| 23 | + | (b) In this section, "sole expense" means the actual cost of |
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| 24 | + | the relocation or removal after deducting the net salvage value |
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| 25 | + | derived from the dredged spoils or materials. |
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