Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.9 - Water Conservation and Drought Contingency Plans

Current through Reg. 49, No. 28; July 12, 2024
An application relating to the appropriation or use of
						state water must include water conservation and drought contingency plans
						meeting applicable requirements contained in this section. An application not
						accompanied by such plans is not administratively complete and shall not be
						considered by the commission, unless expressly exempted by this section. The
						water conservation plan must demonstrate that reasonable diligence will be used
						to avoid waste and achieve water conservation in order that appropriated waters
						will be beneficially used for the authorized purposes. Conservation means those
						practices, techniques, and technologies that will reduce the consumption of
						water, prevent or reduce the loss or waste of water, maintain or improve the
						efficiency in the use of water, increase the recycling and reuse of water, or
						prevent the pollution of water so that a water supply is made available for
						future or alternative uses for the benefit of the public health, safety and
						welfare, and of the environment.
(1)
					 Applications to appropriate or to use water for municipal use, industrial or
					 mining use, or agricultural use, including irrigation use. The water
					 conservation and drought contingency plans submitted with an application to
					 appropriate or to use state water for municipal use, industrial or mining use,
					 or agricultural use must be submitted in accordance with the guidelines set
					 forth in Chapter 288 of this title (relating to Water Conservation Plans,
					 Drought Contingency Plans, Guidelines and Requirements).
(2) Applications to appropriate or to use
					 water by wholesale water suppliers. A water conservation plan submitted with an
					 application to appropriate or to use state water by a wholesale water supplier
					 must be submitted in accordance with the guidelines set forth in Chapter 288 of
					 this title.
(3) Applications to
					 appropriate or to use water for any other purpose or use. A water conservation
					 plan submitted with an application to appropriate or to use state water for any
					 other purpose or use shall include a water conservation plan providing
					 information where applicable about those practices, techniques, and
					 technologies that will be used to reduce the consumption of water, prevent or
					 reduce the loss or waste of water, maintain or improve the efficiency in the
					 use of water, increase the recycling and reuse of water, or prevent the
					 pollution of water.
(4)
					 Applications to amend existing water rights. An application to amend an
					 existing water right for any of the following reasons must be accompanied by
					 water conservation and drought contingency plans in accordance with the
					 applicable provisions of this section:
(A) to
					 increase the amount of the appropriation;
(B) to extend the term of the
					 appropriation;
(C) to change the
					 place of use, unless the request is to expand the amount of acreage to be
					 irrigated adjacent to the existing, authorized irrigated tract without an
					 increase in the appropriation; or
(D) to change the purpose or use of the
					 appropriation (a conservation plan to change the purpose or use of an
					 appropriation need only address the proposed change in purpose or use; however,
					 the executive director may require an applicant to submit a water conservation
					 plan which addresses the applicant's entire water uses and/or
					 appropriations).