Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter A - INTRODUCTORY PROVISIONS › Section 304.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise. In
					 addition, the definitions in §
										297.1 of
					 this title (relating to Definitions) are applicable to this chapter.
(1) Account--The record of diversion,
				  transport, and use of state water and watercourses maintained by the
				  watermaster for each purpose of use authorized for each owner's separate
				  portion of a water right, or the record of impoundment and releases for each
				  owner's separate portion of an on-channel reservoir authorized under a water
				  right, except those reservoirs exempted in accordance with Texas Water Code,
				  §
										11.142. An
				  account will also be established for each separate arrangement by a contractual
				  buyer to purchase state water.
(2)
				  Agent--A person that is designated by a water right holder to act on behalf of
				  a water right holder in regard to diversion use, transport, or impoundment of
				  state water in a watercourse, payment of a watermaster assessment, or, for a
				  contractual buyer, in regard to diversion, transport, use, or impoundment of
				  state water.
(3) Allocation--The
				  division of available flow between water right holders by the watermaster. This
				  also includes regulation of diversions by water right holders in order to meet
				  demands for exempt domestic and livestock users.
(4) Assessment--The cost to be levied by the
				  commission to water right holders to finance watermaster operations.
(5) Contractual buyer--A person that
				  impounds, or diverts water under a contractual permit, or under a particular
				  water right under contract with the holder of that water right, where such
				  contract has been accepted for filing by the executive director.
(6) Declaration of intent--A statement
				  submitted by a diverter to the watermaster describing an intent under a
				  specific water right or contractual purchase arrangement to divert or transport
				  water in a watercourse, or to make a dedicated release of stored water, for a
				  specified period of time and in association with an authorized
				  facility.
(7) Dedicated
				  release--The release of lawfully stored water from a reservoir, under a
				  specific water right, for specific authorized uses downstream.
(8) Diversion facility--Any dam, pump, canal,
				  or other such device used to take water, for other than exempt uses, from a
				  watercourse or impoundment.
(9)
				  Diverter--Any water right holder, agent, or contractual buyer who impounds,
				  takes, diverts, transports water in a watercourse, or makes a dedicated release
				  of state water.
(10) Measuring
				  device--A device designed for the measurement of rates of flow or quantities of
				  water.
(11) Report of diversion,
				  transport of water, release, or impoundment--A report that the diverter is
				  required to submit to the watermaster after recording the amount of water
				  actually diverted, transported in a watercourse, or released during the period
				  of a declaration of intent, or a report for the impoundment of water, as well
				  as any additional information required by the watermaster. The watermaster may
				  specify a report period that is different from the declaration of intent
				  period.
(12) Return water or return
				  flow--That portion of state water diverted from a water supply and beneficially
				  used and which is not consumed as a consequence of that use and returns to a
				  watercourse. Return flow includes sewage effluent.
(13) Salt water diversion--Diversion of state
				  water from the Gulf of Mexico or its bays and arms, or any watercourse or
				  reservoir subject to tidal influence, or when the water right specifies
				  diversion of salt or brackish water; and where, for such cases, the diversion
				  has no significant adverse effect on the supply of water for other authorized
				  diverters, and the diversion does not require protection from junior
				  appropriators.
(14) Transport--The
				  discharge, conveyance, and subsequent diversion of water in a watercourse under
				  Texas Water Code, §
										11.042.
(15) Water division--A specific area of the
				  state, designated by the commission under Texas Water Code, §
										11.325 for the
				  purpose of administering water rights. The term "water division" includes the
				  entire water division and any segments thereof.
(16) Watermaster--The person appointed by the
				  executive director under Texas Water Code, Chapter 11, to administer water
				  rights in a given water division, segment of a water division, or group of
				  water divisions.
(17) Water
				  right--A right acquired under the laws of the state and the rules of the Texas
				  Commission on Environmental Quality to impound, divert, transport, or use state
				  water. Contractual permits and water contracts are not included under this
				  definition.
(18) Water right
				  holder--A person or entity that owns a water right. In the case of divided
				  interests, this term will apply to each separate owner.