Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter B - WATERMASTER-REGULATORY FUNCTIONS › Section 303.11 - Records of Diversions-General

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The watermaster shall locate, number by river mile or other method, and rate as
				  to capacity all authorized diversion facilities on the Texas bank along the Rio
				  Grande and tributaries, and the owner or operator thereof shall be advised in
				  writing of these facts. When a permanent diversion facility is replaced at the
				  same location or when any changes in rating are made, the diverter shall
				  immediately inform the watermaster prior to diversion. Any change in the
				  location of the diversion facilities and place of use on the Middle or Lower
				  Rio Grande shall be made pursuant to §
										295.71
				  of this title (relating to Applications to Amend a Permit) and §
										295.158(c)
				  of this title (relating to Notice of Amendments to Water Rights), not requiring
				  mailed and published notice. Any change in the location of the diversion
				  facilities and place of use on the Upper Rio Grande and tributaries to the Rio
				  Grande shall be made pursuant to §
										295.71
				  of this title (relating to Applications to Amend a Permit) and §
										295.158(c)
				  of this title (relating to Notice of Amendments to Water Rights), not requiring
				  mailed and published notice; or §
										295.158(b)
				  of this title (relating to Notice of Amendments to Water Rights), requiring
				  mailed and published notice.
(b)
				  Each diverter shall request written certification from the watermaster prior to
				  diverting water by identifying the specific certificate of adjudication to be
				  used and the pump number of the pump to be used. When a diverter orders water
				  for a nondiverter, the diverter may request written certification under such
				  diverter's certificate of adjudication or under the certificate of adjudication
				  of the nondiverter to which the diverter is delivering water, but shall report
				  the amount of water diverted for the nondiverter as provided in §
										303.12(d)
				  of this title (relating to Records - Mainstem Middle and Lower Rio Grande).
				  Certifications will be granted only for diversion from authorized diversion
				  points associated with that water right. Certifications for irrigation water
				  rights will be granted only for delivery of water to the authorized tract(s)
				  covered by the water right or approved contractual sale. Certifications are
				  limited to a maximum diversion period of one calendar month on the mainstream
				  of the Lower and Middle Rio Grande and to one year on the Upper Rio Grande and
				  all tributaries of the Rio Grande.
(c) No certification will be issued which
				  exceeds the maximum annual authorization, in combination with any other
				  certifications issued for that certificate of adjudication in any one year. The
				  watermaster is authorized to cancel a certification or to refuse or modify a
				  request for the diversion of water. Except as provided in §303.44
				  (relating to the Administration by Watermaster), the watermaster will refuse a
				  request of a diverter if the water rights holder whose water is to be diverted
				  does not have complete ownership records on file with the commission. The
				  watermaster will maintain a list of all water rights holders with incomplete
				  ownership records and will remove names from that list after the executive
				  director notifies the watermaster that the ownership record has been
				  completed.
(d) Each diverter shall
				  post at or near his diversion facility the watermaster certification
				  authorizing the diversion of water. In the event the certification has been
				  granted but is not received by the diverter by the time diversion is
				  authorized, the diverter shall post a written note at or near the diversion
				  facility in lieu of the watermaster certification, stating the pump number and
				  the dates and hours of the request and that verbal authority was given by the
				  watermaster. It is the responsibility of the diverter to make certain that the
				  written note conforms to the time and conditions shown on the watermaster
				  certification. The watermaster certification, upon receipt, shall replace the
				  written note.
(e) Each diverter
				  shall install and maintain measuring devices at the authorized point of
				  diversion which will provide for accurate measurement and accounting of the
				  quantities of water diverted. The installation, maintenance, and operation of
				  measuring devices by the diverter shall be subject to approval of the
				  watermaster. The diverter must ensure the accessibility of the measuring
				  device, so it can be conveniently and safely located and checked by the
				  watermaster. The diverter shall be liable for all expenses incurred in the
				  acquisition, installation, maintenance, and operation of measuring
				  devices.
(f) Each diverter whose
				  diversions are not measured and reported by the International Boundary and
				  Water Commission shall maintain accurate records of water diverted. All pumps
				  used during the reporting period, including borrowed and rented pumps, shall be
				  shown by number on the pump operation report with metered readings or with the
				  number of hours operated for each reporting period. The watermaster will accept
				  as timely all pump operation reports for each diversion pump received within
				  seven days or postmarked within five days from the termination of the
				  certification period. If the pump operation report is incomplete or not timely
				  filed, the watermaster will refuse to issue a new certification until the
				  complete report is filed. Pump operation reports,other than International
				  Boundary and Water Commission diversion reports, received in the watermaster's
				  office are unacceptable:
(1) if unsigned;
				  or
(2) if the measuring device
				  reading is not shown.