Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter B - REGULATION OF THE USE OF STATE WATER OR WATERCOURSES › Section 304.15 - Declarations of Intent to Divert, Transport, or Release Water

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to diverting state water,
				  transporting water, or making a dedicated release, a diverter shall submit to
				  the watermaster a declaration expressing the diverter's intent in regard to the
				  anticipated diversion, transport, or release. Such a declaration of intent must
				  be submitted within the time limitations established by the watermaster. Each
				  diverter shall divert or release water only in accordance with the statements
				  in the declaration of intent.
(b)
				  Each declaration of intent to divert or transport water must identify the
				  specific account under which water is to be diverted; the amount of water to be
				  diverted or transported; a schedule for the diversions; the diversion facility
				  to be used; and the rate at which water will be diverted. Diversion may only be
				  made using authorized facilities, or at points associated with the water right
				  under which the diversion is to be made. Use of water under an irrigation water
				  right may be only for use on the tract(s) authorized by the water
				  right.
(c) Each declaration of
				  intent to make dedicated releases for downstream uses must identify the
				  specific account(s) under which water is to be released; the schedule of
				  releases; the amount of water to be released; the specific account(s) under
				  which the water is to be used; the actual rate at which water will be released;
				  and the identification and location of the user. Dedicated releases will be
				  protected only if the preceding data is provided. Dedicated releases may only
				  be diverted at points authorized by the water right under which the release is
				  made, or an associated approved water contract.
(d) In regard to declarations of intent under
				  either subsection (b) or (c) of this section, the watermaster may require any
				  diverter to provide such additional information as may be necessary for the
				  proper and efficient administration of water rights.
(e) The watermaster shall establish the
				  duration of time for which declarations of intent will remain in effect and may
				  change the duration as conditions warrant. After the end of the duration of a
				  declaration of intent, no further diversion, transport, or release of state
				  water shall be made under that account until a new declaration of intent has
				  been submitted to the watermaster.
(f) A diverter may modify a declaration of
				  intent in regard to the duration, the amount of water to be diverted, the
				  diversion rate, or other specific elements in advance of the desired
				  change.
(g) The watermaster from
				  time to time may determine that it is necessary for the proper and efficient
				  administration of water rights that diversions, impoundments of inflows, or
				  releases of dedicated flow in certain areas, or by certain diverters, may not
				  be made without prior approval by the watermaster. Any such determination will
				  be effective for the period designated by the watermaster.
(h) Salt water diversions and the
				  recirculation of water at a power plant are exempted from any requirements
				  under this section. The watermaster may also exempt any other facility or water
				  right from any requirement under this section due to extenuating
				  circumstances.