reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.56 - Publication of Notice of Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a public hearing shall be held pursuant to §
										301.55
				  of this title (relating to Action On the Application), the applicant shall
				  cause the notice to be published in a newspaper of general circulation in each
				  county wherein the project would have potential impact. Publication in one
				  newspaper is sufficient if the newspaper is of general circulation in each
				  county or counties throughout the area of potential impact.
(b) A notice of hearing shall identify the
				  application, the date, time, place, and nature of the hearing, the legal
				  authority and jurisdiction under which the hearing is to be held, the proposed
				  action, the requirements for submitting written protests, the method for
				  obtaining additional information, and such other information the commission
				  deems necessary.
(c) The date of
				  publication of notice of public hearing shall be on or before the date of
				  publication directed by the commission. In any event, the date of publication
				  of notice of public hearing shall be not less than 30 days before the date set
				  for the public hearing. The applicant shall pay the costs of
				  publication.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.57 - Notice of Remanded Hearing

Current through Reg. 49, No. 28; July 12, 2024
A hearing on an application which has been remanded by the
					 commission to the office of hearings examiners may be held without the
					 necessity of issuing further notice other than advising the applicant,
					 executive director, public interest advocate, other parties, and all persons
					 who have in writing notified the commission of their interest in the
					 application of the time and place where the hearing is to convene. The chief
					 clerk of the commission shall mail such notice to these persons not less than
					 10 days before the date of the hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter E - UNAUTHORIZED LEVEES AND OTHER IMPROVEMENTS › Section 301.61 - Construction Without Authorization

Current through Reg. 49, No. 28; July 12, 2024
If any person, corporation, political subdivision, or other
					 entity has constructed or begun work upon a levee or other improvement for
					 which commission approval is required by the Texas Water Code and this chapter,
					 and if commission approval has not been obtained for such project, the
					 executive director shall immediately notify the person, corporation, political
					 subdivision, or other entity that it is in violation of the Texas Water Code
					 and this chapter, and that unless the project is brought into compliance with
					 the criteria and requirements of the Texas Water Code and this chapter within a
					 period of time determined appropriate by the executive director and stated in
					 such notice, the executive director may request the attorney general or the
					 appropriate court for appropriate remedies under the Texas Water Code. At the
					 expiration of the time period stated in such notice, the executive director may
					 request its legal representative to institute such action in the
					 courts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter E - UNAUTHORIZED LEVEES AND OTHER IMPROVEMENTS › Section 301.62 - Removal or Modification of Levees and Other Improvements

Current through Reg. 49, No. 28; July 12, 2024
Removal or modification of a levee and/or other improvement
					 shall be done at the owner's expense, and except for emergency action required
					 to protect lives and property, only after executive director approval. The
					 executive director may require the owner to provide plans and specifications.
					 The executive director may seek an order from the commission or an injunction
					 through the attorney general and the courts requiring the removal or
					 modification of levees or other improvements which are not authorized by law or
					 which have been determined to pose an unacceptable hazard to lives or
					 property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter E - UNAUTHORIZED LEVEES AND OTHER IMPROVEMENTS › Section 301.63 - Emergency Action

Current through Reg. 49, No. 28; July 12, 2024
Emergency orders may be issued, without notice to the
					 owner, directing the owner of a levee or other improvement to take immediate
					 and appropriate action to remedy situations posing serious threat to human
					 life, health, and/or property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter F - FEES › Section 301.71 - Executive Director To Charge and Collect Fees

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Water Code, §
										5.701, the executive
					 director shall charge and collect for the benefit of the state the fees
					 provided in §
										301.73
					 of this title (relating to Fees To Be Paid).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter F - FEES › Section 301.72 - Fees Required

Current through Reg. 49, No. 28; July 12, 2024
Statutory fees must accompany an application in order for
					 it to be considered. Employees of the commission are expressly prohibited from
					 processing any application unless the proper fees are
					 tendered.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter F - FEES › Section 301.73 - Fees To Be Paid

Current through Reg. 49, No. 28; July 12, 2024
The following fees shall be submitted with any application
					 required to be filed under this chapter:
(1) filing fee--the filing fee shall be
				  $100;
(2) recording fee--the
				  recording fee shall be $1.25 per page;
(3) fees for mail notice--the cost of mailing
				  notice of the application to persons in the affected or protected area shall be
				  paid by the applicant. The executive director shall advise the applicant of the
				  number of persons and the mailing cost;
(4) fees for publication of notice of
				  application--the cost of publication of the notice of application in a
				  newspaper of paid circulation that is regularly published and generally
				  circulated in the county or counties within the proposed affected or protected
				  area, shall be paid by the applicant; and
(5) fees for publication of notice of
				  hearing--fees for publication of notice of hearing in a newspaper that is
				  regularly published and generally circulated in the county or counties within
				  the affected or protected area, shall be paid by the applicant.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter F - FEES › Section 301.74 - Examples of Applications Subject to Filing, Recording, and Notice Fees

Current through Reg. 49, No. 28; July 12, 2024
The following are examples of applications subject to
					 filing, recording, and notice fees:
(1) application for approval of engineering
				  plans and specifications (preliminary and final plans);
(2) application to amend a plan approval
				  order;
(3) application to alter,
				  enlarge, extend, or otherwise change any levee or other improvement;
				  and
(4) application for extension
				  of time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter G - DISTRICTS TO FILE INFORMATION WITH EXECUTIVE DIRECTOR › Section 301.81 - Districts To File Information with Executive Director

Current through Reg. 49, No. 28; July 12, 2024
Immediately before having bonds approved by the attorney
					 general, each drainage district and levee improvement district shall file with
					 the executive director a complete record showing each step in the organization
					 of the district, the amount of bonds to be issued, and a description of the
					 area and boundaries of the district, accompanied by plans, maps, profiles of
					 improvements and the estimates and reports relating thereto prepared by the
					 district's engineer.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter A - INTRODUCTORY PROVISIONS › Section 303.1 - General

Current through Reg. 49, No. 28; July 12, 2024
This chapter is applicable to water rights in the Rio
					 Grande Basin below Fort Quitman, and water rights in that portion of the
					 Nueces-Rio Grande Coastal Basin in Starr, Hidalgo, Willacy, and Cameron
					 Counties whose source of water is the Rio Grande, excluding the Pecos and
					 Devils watersheds. All other rules, regulations, or orders promulgated or
					 issued by the commission relating to water rights are also applicable to these
					 water rights unless expressly stated otherwise or in conflict with the
					 provisions of this chapter, in which event this chapter shall
					 govern.
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 303.13 - Records-Upper Rio Grande and All Rio Grande Tributaries

Current through Reg. 49, No. 28; July 12, 2024
(a) Diverters from the Upper Rio Grande and
				  all Rio Grande tributaries must comply with the requirements of §
										303.11
				  of this title (relating to Records of Diversions-General).
(b) A request for releases from Falcon and
				  Amistad Reservoirs is not applicable. The watermaster will coordinate with the
				  International Boundary and Water Commission regarding stored water released by
				  Mexico to the Rio Conchos which contributes to the flow of the Rio Grande in
				  the reach from Presidio to Amistad Reservoir.
(c) Diverters shall make reports to the
				  watermaster based on the information recorded on the pump operation report. The
				  watermaster will advise these diverters of the report schedule (monthly,
				  quarterly, yearly) required.
(d)
				  Diverters may be issued a one-year certification by the watermaster for up to
				  the total annual authorized amount of the diverter's water right.
(e) If complaints are received by the
				  watermaster concerning insufficient water to satisfy senior and superior water
				  rights, the watermaster will conduct an investigation and may institute
				  procedures to distribute the available waters, such as:
(1) order alternate pumping days for
				  specified diverters;
(2) limit the
				  pumping time;
(3) impose streamflow
				  restrictions;
(4) order pumping to
				  cease or pump at a decreased diversion rate until the situation is improved;
				  and/or
(5) any other procedures
				  needed to ensure water use is protected based on the priority system in the
				  Texas Water Code.
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 303.14 - Appeal of Watermaster Actions

Current through Reg. 49, No. 28; July 12, 2024
Any person dissatisfied with any action of a watermaster
					 may apply to the executive director for relief under the Texas Water Code,
					 §
										11.326.
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 303.15 - Appointment of an Agent

Current through Reg. 49, No. 28; July 12, 2024
An agent for a water right holder who requests water shall
					 submit to the watermaster a document signed by all the water right holders,
					 indicating the owner-agent relationship and the duration of the agent
					 authorization. The owner is responsible for the designation of one agent for
					 the payment of assessments.
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 303.16 - Amistad/Falcon System

Current through Reg. 49, No. 28; July 12, 2024
The watermaster will request releases from Amistad and
					 Falcon Reservoirs for authorized domestic, municipal, industrial, irrigation,
					 and other uses in such a manner which promotes the efficient use and optimum
					 yield of the United States' share of water in the Amistad/Falcon System,
					 consistent with the 1944 Treaty between the United States and
					 Mexico.
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 303.17 - Diversion Facilities

Current through Reg. 49, No. 28; July 12, 2024
It is the responsibility of all diverters to insure that
					 their diversion facilities are capable of diverting the quantity of water
					 authorized pursuant to certification, even under low or high water
					 levels.
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 303.18 - Threats to Public Health and Safety and the Environment

Current through Reg. 49, No. 28; July 12, 2024
(a) The watermaster shall implement the
				  procedures adopted by the agency during times of threats to public health and
				  safety and the environment related to the waters of the Rio Grande below Fort
				  Quitman, Texas.
(b) The watermaster
				  shall report activities that pose a threat to public health, safety, and the
				  environment regarding waters of the Rio Grande under the watermaster's
				  jurisdiction as required by the agency's procedures regarding homeland
				  security.
(c) The watermaster shall
				  gather and distribute information from and to the Rio Grande water users, and
				  assist water users in efforts to recover from an emergency.
(d) The watermaster shall require water users
				  to immediately cease any and all diversions of water during emergency periods
				  when the watermaster declares that continued diversion and use of water would
				  pose a hazard to public health and safety and the environment.
(e) The watermaster shall maintain records of
				  water users to enable the watermaster to provide notification of a threat to
				  the water users in the watermaster's division.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter C - ALLOCATION AND DISTRIBUTION OF WATERS › Section 303.21 - Amistad/Falcon Reservoirs Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For the purpose of establishing accounts in Amistad and Falcon Reservoirs, the
				  two reservoirs are considered to constitute a single storage system. Accounts
				  in the Lower and Middle Rio Grande are based upon a water right's annual
				  authorization in acre-feet. Water rights for irrigation and mining purposes are
				  considered as having irrigation priority rights and therefore are included in
				  the irrigation accounting system.
(b) When there is adequate water to do so,
				  the watermaster shall maintain the following accounts:
(1) a reserve of 225,000 acre-feet of water
				  for domestic, municipal, and industrial uses;
(2) an operating reserve of 75,000
				  acre-feet;
(3) the accounts for
				  irrigation uses and all other uses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter C - ALLOCATION AND DISTRIBUTION OF WATERS › Section 303.22 - Allocations to Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) Allocations to
				  Middle and Lower Rio Grande accounts, which do not include water-in-transit
				  accounts, shall be based on water in the usable storage of Falcon and Amistad
				  Reservoirs minus the water-in-transit held in storage at Falcon and Amistad
				  Reservoirs. Such storage shall be computed as the total storage in Amistad and
				  Falcon Reservoirs as reported by the International Boundary and Water
				  Commission on the last Saturday of each month, less the water-in-transit and
				  the amount of water in dead storage, which is water behind the dams that cannot
				  be released due to hydrologic restrictions. To determine the amount of water to
				  be allocated to the various accounts, computations shall be made in the
				  following sequence:
(1) from the amount of
				  water in usable storage, deduct 225,000 acre-feet to re-establish the reserve
				  for municipal, domestic, and industrial uses;
(2) from the remaining storage, deduct the
				  total end-of-month account balances for all Lower and Middle Rio Grande
				  irrigation and mining allottees;
(3) from the remaining storage, deduct 75,000
				  acre-feet for the operating reserve;
(4) from the remaining storage, deduct the
				  total amount of water held in storage from water-in-transit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter C - ALLOCATION AND DISTRIBUTION OF WATERS › Section 303.23 - Distribution of Available Waters-Upper Rio Grande and All Rio Grande Tributaries

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Distribution of waters in the Upper Rio Grande and all Rio Grande tributaries
				  shall be based upon the amount of water authorized per annum and the priority
				  date of the water right. Water rights holders in the Upper Rio Grande and all
				  Rio Grande tributaries are entitled to waters flowing in these watercourses
				  excluding water-in-transit, which can be beneficially used and which are used
				  in accordance with §
										303.11
				  of this title (relating to Records of Diversions--General) and §
										303.13
				  of this title (relating to Records--Upper Rio Grande and All Rio Grande
				  Tributaries). All waters excluding water-in-transit which cannot be so used
				  shall be available to the Lower and Middle Rio Grande system.
(b) Total certifications issued in a year
				  shall be limited to the water rights holder's annual authorization.
(c) In periods of shortage, on the
				  watermaster's initiative or when requested by a water rights holder on the same
				  tributary or on the Upper Rio Grande, the watermaster may impose limitations of
				  the time, rate, and/or quantity of water diverted.
(d) Distribution of available waters from the
				  Rio Grande above Amistad and all Rio Grande tributaries shall not be eligible
				  for distribution or use to water-in-transit accounts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 303.31 - General

Current through Reg. 49, No. 28; July 12, 2024
For a violation of any statutes of the Texas Water Code, or
					 of the terms of a water right, or commission order or rules, the watermaster or
					 executive director may pursue appropriate enforcement action if voluntary
					 compliance is not promptly achieved.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 303.32 - Enforcement Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The watermaster
				  may seek voluntary compliance by ordering that:
(1) a violator cease and desist any
				  unauthorized diversion, taking, impoundment, transfer, or use of state
				  water;
(2) the owner of a lawful
				  dam on a tributary pass inflows sufficient to satisfy the needs of downstream
				  senior and superior rights; or
(3)
				  any person in violation of the Texas Water Code, commission rules, permit,
				  certificate of adjudication, or commission order take necessary actions to
				  achieve compliance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 303.33 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
All appeals from actions or decisions of the watermaster
					 shall be in accordance with the Texas Water Code §
										11.326(f).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 303.34 - Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) It shall be a
				  violation for any person to do the following:
(1) divert, impound, or use any water from
				  the Rio Grande or its tributaries, either personally or through another,
				  without proper authorization under the Texas Water Code, these sections, and
				  any applicable final judgment rendered by a court of competent
				  jurisdiction;
(2) refuse to allow
				  or to interfere with the inspection of any land, natural waterway, artificial
				  waterway, or diversion facility by an agent or employee of the executive
				  director that would assist the commission in the discharge of its
				  duties;
(3) interfere with or
				  refuse to comply with the execution of any order of the watermaster, executive
				  director, or commission;
(4) break,
				  tamper with, or mutilate any seal or other device used to enforce orders of the
				  commission, executive director, court, or watermaster;
(5) make or send to the watermaster,
				  executive director, or commission any false or misleading statement, or submit
				  any untrue data in any pump operation report or surface water use report;
				  or
(6) violate any statute, rule,
				  or order of the commission or watermaster.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 303.35 - Field Citation by Watermaster

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon witnessing a violation set forth in subsection (d) of this section, the
				  watermaster or the watermaster's deputy, may issue the alleged violator a field
				  citation. The field citation will allege a violation has occurred and require
				  that the alleged violator pay the administrative penalty and take remedial
				  action as provided in the field citation.
(b) The alleged violator may either pay the
				  administrative penalty assessed by the field citation without admitting or
				  denying the alleged violation or request a hearing on the alleged
				  violation.
(c) If the alleged
				  violator fails to either pay the administrative penalty or take remedial action
				  pursuant to a field citation issued under subsection (a) of this section, the
				  executive director may proceed with enforcement action in accordance with
				  Chapters 70 and 80 of this title.
(d) Violations for which the watermaster may
				  issue a field citation are as follows.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter E - AMENDMENTS TO AND SALES OF WATER RIGHTS › Section 303.40 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not apply to water-in-transit permits.
					 These permits are regulated under Subchapter I of this chapter (relating to Rio
					 Grande Bed and Banks Permits for Water-in-Transit) and Subchapter J of this
					 chapter (relating to Administration of Rio Grande Bed and Banks Permits for
					 Water-in-Transit).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter E - AMENDMENTS TO AND SALES OF WATER RIGHTS › Section 303.41 - Sale of Water Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner of a
				  water right may convey his water right as provided by §
										297.81
				  of this title (relating to General Rules of Conveyance) and §
										297.82
				  of this title (relating to Duty to Inform Executive Director), after all
				  outstanding fees, penalties, and interest, if any, as provided by §
										303.71
				  and §
										303.73 of
				  this title (relating to Costs of Administration; and Assessment of Costs) are
				  paid. The purpose and place of use shall not be changed without authorization
				  from the commission. Owners of water rights shall promptly inform both the
				  executive director and the watermaster of any transfers of water rights. The
				  new owner must file with the executive director all required documents as
				  identified in §
										297.83
				  of this title (relating to Recording Conveyances of Water Rights).
(b) If a tract of land to which a smaller
				  water right acreage is appurtenant is owned by more than one person in divided
				  interests, a water right partition agreement is required among all the owners
				  of said tract of land before any one of the owners can be authorized by the
				  watermaster to divert water. However, if the owners fail to submit a water
				  right partition agreement within one month after being notified by the
				  executive director that such an agreement is needed, the executive director
				  shall administratively divide the water rights among the owners on a prorata
				  basis by acreage. The owners involved may request that the executive director
				  grant an extension of the one-month deadline, not to exceed six months, if
				  extenuating circumstances exist. If the executive director does not grant the
				  extension, the division will be made on a prorata basis. The executive director
				  will recognize the prorata shares until changes are made by valid partition
				  agreement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter E - AMENDMENTS TO AND SALES OF WATER RIGHTS › Section 303.42 - Amendments

Current through Reg. 49, No. 28; July 12, 2024
The commission will consider applications to amend water
					 rights.
(1) An applicant shall submit
				  to the executive director an application prepared to reflect the desired
				  change(s) and executed as provided in these sections. Applications must meet
				  all of the requirements for an original water permit as set out in Chapter 295
				  of this title (relating to Water Rights, Procedural) and Chapter 297 of this
				  title (relating to Water Rights, Substantive).
(2) Determination of the type of notice
				  required will be made by evaluating the applications according to §
										295.158
				  of this title (relating to Notice of Amendments to Water Rights). One exception
				  to this is that changes in the purpose of use, rate of diversion, point of
				  diversion, and place of use for water rights held in and transferred within and
				  between the mainstems of the Lower Rio Grande, Middle Rio Grande, and Amistad
				  Reservoir will not require mailed and published notice.
(3) Transfer of the point of diversion or
				  place of use of water rights from the Lower and Middle Rio Grande to above
				  International Amistad Reservoir are prohibited; however, transfers may be made
				  between the mainstem of the Lower Rio Grande and the mainstem of the Middle Rio
				  Grande.
(4) Transfers of the point
				  of diversion or place of use of water rights from the Upper Rio Grande into the
				  Middle and Lower Rio Grande below International Amistad Reservoir will be
				  prohibited unless:
(A) an applicable
				  conversion factor has been approved by the commission;
(B) the commission finds that the transfer
				  would not impair other water rights within the Middle and Lower Rio Grande;
				  and
(C) the commission finds that
				  the transfer would not reduce the amount of water available for
				  allocation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter E - AMENDMENTS TO AND SALES OF WATER RIGHTS › Section 303.43 - Conversion of Water Rights

Current through Reg. 49, No. 28; July 12, 2024
The purposes of use included in municipal priority rights
					 are domestic, municipal, and industrial. The purposes of use included in the
					 Class A and B priority rights are irrigation and other purposes of use,
					 excluding domestic, municipal, industrial, nonconsumptive recreation, and
					 hydro-electric. Unless otherwise stated in a certificate of adjudication, one
					 acre of irrigation water right in the Lower Rio Grande will be equivalent to
					 2.5 acre-feet of water per annum. All Class A and B priority rights in the
					 Lower and Middle Rio Grande which have been or will be acquired for domestic,
					 municipal, or industrial use shall be amended to authorize the change in
					 purpose of use and converted to receive a definite quantity of water in
					 acre-feet per annum.
(1) One acre-foot
				  of Class A irrigation water right shall be converted to 0.5 acre-feet of water
				  per annum for either domestic, municipal, or industrial purposes; one acre-foot
				  of Class B irrigation water right shall be converted to 0.4 acre-feet of water
				  per annum for either domestic, municipal, or industrial purposes.
(2) An irrigation or mining water right which
				  has been amended and converted to a municipal priority shall be allocated water
				  on an equal basis with stipulated domestic, municipal, and industrial water
				  rights recognized in the final judgment rendered in the Lower Rio Grande Valley
				  water case and the final judgment in the adjudication of water rights on the
				  Middle Rio Grande.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter E - AMENDMENTS TO AND SALES OF WATER RIGHTS › Section 303.44 - Administration by Watermaster

Current through Reg. 49, No. 28; July 12, 2024
Owners of water rights shall promptly inform the executive
					 director of any change of ownership of water rights. Thereafter, if the new
					 ownership record is not complete, the executive director shall inform the
					 alleged owner by letter that ownership documents must be filed within 30 days
					 and approved by the executive director. During a 60-day period following the
					 date of the executive director's letter, the watermaster will honor requests by
					 the alleged owner for releases of water and/or for certification in accordance
					 with the water right. After the 60-day period, no allocations will be made
					 until the executive director notifies the watermaster of the approved change in
					 ownership. Requests for extension of the initial 60-day period must be
					 submitted in writing to the executive director prior to the end of the 60-day
					 period. If the extension is granted, the watermaster may make allocations,
					 issue certifications, and/or order releases for the alleged owner. If the
					 extension is not granted, the watermaster will not issue a certification, make
					 releases, or make allocations for the alleged owner until the executive
					 director notifies the watermaster that ownership has been changed to include
					 the new owner. If a water right amendment is required for the new owner to use
					 water, the watermaster shall not honor requests by the new owner for water
					 under that water right until the amendment has been granted by the
					 commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter F - CONTRACTUAL SALES › Section 303.51 - General Policy

Current through Reg. 49, No. 28; July 12, 2024
Verified owners of water rights in the Middle and Lower Rio
					 Grande with the right to call on releases from the Amistad-Falcon system may
					 contract for the sale of all or part of their annual authorized amount of use
					 to other water rights holders or their agents in the Middle and Lower Rio
					 Grande, as long as all of the contractual sales rules are complied with. The
					 resale of purchased water is prohibited. The use of contract sale water by
					 buyer will not go to the perfection of seller's appropriative right. All
					 existing contracts shall be filed with the executive director in accordance
					 with this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter F - CONTRACTUAL SALES › Section 303.52 - General Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) If the sale
				  of water is for a purpose of use other than that authorized in the seller's
				  water right, then the supplier must file an application to amend that right and
				  have the right amended before any sale may be approved.
(b) If the use of water under the contract
				  involves a change in the place of use, diversion point, or diversion rate, an
				  amendment to sellers or buyers water right is not required. Seller or buyer
				  shall file a copy of the executed contract with the executive director for
				  approval. Water diverted pursuant to this section shall be diverted from a
				  diversion point and used on a tract of land identified in commission records in
				  accordance with §
										303.53(b)
				  of this title (relating to Documents Needed to File).
(c) The seller must be a verified owner of a
				  water right. If the commission does not have adequate ownership records of the
				  seller, then no sale may be approved by the executive director.
(d) All contracts must be filed with and
				  approved by the executive director as complying with all the sections relating
				  to contractual sales. No deliveries of sold water will be made by the
				  watermaster until all requirements are met.
(e) The executive director will file the
				  original approved contracts in the seller's permanent water right record and
				  will send a copy of approved contracts to the watermaster.
(f) No contract approval is required for
				  sales of water by a district when the district's distribution facilities are
				  used to deliver the water to the buyer for purposes authorized by the
				  district's water right.
(g) Seller
				  can not use and/or sell in excess of his water right's annual authorized amount
				  of use in any calendar year.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter F - CONTRACTUAL SALES › Section 303.53 - Documents Needed To File

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contract of sale of water to be filed with the executive director in accordance
				  with §
										303.52(d)
				  of this title (relating to General Filing Requirements) shall indicate all of
				  the following:
(1) the specific certificate of
				  adjudication or other water right under which the water is being
				  sold;
(2) the specific certificate
				  of adjudication or other water right under which the bought water is to be
				  used;
(3) the name and address of
				  the seller and buyer;
(4) the total
				  quantity of water being purchased in acre-feet;
(5) the purpose of use for which the water is
				  to be used;
(6) the cost of water
				  to the buyer per acre-foot;
(7) the
				  diversion point to which the buyer is requesting deliveries to be
				  made;
(8) the effective date and
				  termination date of the contract:
(A)
				  contracts for Domestic, Municipal, and Industrial water shall terminate on the
				  last Saturday of the calendar year in which the contract was entered;
				  and,
(B) for all other contracts,
				  an effective date and termination date shall be determined by the interested
				  parties;
(9) the acreage
				  to be irrigated, if applicable; and
(10) the contract executed by all verified
				  owners of the water right from which water is purchased.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter F - CONTRACTUAL SALES › Section 303.54 - Responsibilities of Buyer and Seller

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Both buyer and seller must comply with all Texas Water Commission rules and
				  watermaster orders.
(b) The buyer
				  must obtain a certification from the watermaster before pumping.
(c) The buyer and seller are solely
				  responsible as to the resolution of conflict regarding the terms and conditions
				  of a water contract sale.
(d) The
				  seller is responsible for reporting all sales of water on theyearly surface
				  water use reports. The buyer must also report his use of purchased water
				  separately from his water right on his yearly surface water use
				  report.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter F - CONTRACTUAL SALES › Section 303.55 - Accounting for Contract Sale Water

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The watermaster will transfer the full amount, or portion thereof, of water
				  specified in an approved contract from the seller's to the buyer's account upon
				  contract approval.
(b) Upon
				  transfer of contract sale water to buyer's account, subsequent use of water by
				  buyer will be deducted from the contract water balance until the contract water
				  balance equals zero or until the contract expiration date.
(c) Any contract water balance remaining in
				  buyer's account at the contract expiration date will be deducted from buyer's
				  account and will be available for allocation to the system reserves and
				  accounts according to §
										303.22 of
				  this title (relating to Allocations to Accounts).
(d) Buyer may not sell any water via contract
				  as long as his bought water balance is greater than zero.
(e) At no time will buyer's or seller's Class
				  A or Class B storage exceed 1.41 times the water right holder's recognized
				  amount in acre-feet.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter G - EXCESS FLOW PERMITS › Section 303.61 - Excess Flow Permit

Current through Reg. 49, No. 28; July 12, 2024
An excess flow permit authorizes the use of the Texas share
					 of the Rio Grande below the International Boundary and Water Commission gaging
					 station near Brownsville, Texas, (United States geological survey (U.S.G.S.)
					 Identification (ID) Number 08475000) for irrigation purposes when there is
					 unanticipated flow which would pass unused to the Gulf. The permit holder does
					 not have a call on storage from Amistad or Falcon Reservoirs nor shall priority
					 be attached to such flows on any water availability analysis for any possible
					 future reservoirs on the Rio Grande. Permittee must contact the watermaster
					 prior to diversion to obtain a certification and to determine whether water is
					 available at the authorized point of diversion, excluding releases made by the
					 watermaster for water rights holders below permittee's diversion point.
					 Application requirements are the same as those required for the Texas Water
					 Code, §
										11.121, permits.
					 As between holders of this type of water right, the priority will be first in
					 time, first in right. Permits previously authorized as surplus water permits
					 will be considered henceforth as excess flow permits.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter H - FINANCING RIO GRANDE WATERMASTER OPERATION › Section 303.71 - Costs of Administration

Current through Reg. 49, No. 28; July 12, 2024
Under the Texas Water Code, §
										11.329,
					 holders of water rights that are administered by the Rio Grande watermaster
					 shall reimburse the commission for the expenses of the wastermaster operation.
					 An assessment account shall be established for each water right, or for each
					 authorization thereunder by category of use. The commission shall not assess
					 costs against a holder of a non-priority hydroelectric right that owns or
					 operates privately-owned facilities that collectively have a capacity of less
					 than two megawatts. The assessment for each account shall be the sum of a
					 uniform base charge and, as applicable, a use fee and a storage fee. Following
					 a public meeting, the commission shall issue an order approving the assessment
					 income needed for the Rio Grande Watermaster for the next fiscal year. The
					 order shall also specify the base charge per account and the reinstatement fee
					 for delinquent assessment payment. At least 30 days prior to the commission
					 holding such a meeting, the executive director shall file with the commission a
					 copy of the proposed budget.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter H - FINANCING RIO GRANDE WATERMASTER OPERATION › Section 303.72 - Determination of Assessment Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After a commission order is issued approving the assessment income needed for
				  the next fiscal year, the executive director shall calculate assessment rates
				  for water use and storage based on the following formula:
Attached
					 Graphic
(b)
				  After the assessment rate of municipal use has been determined, the assessment
				  rates for the other uses and for storage shall be calculated by multiplying the
				  municipal assessment rate times rate factor for each use and for
				  storage.
(c) On or before September
				  1, 1989, the commission shall review this section for any appropriate
				  changes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter H - FINANCING RIO GRANDE WATERMASTER OPERATION › Section 303.73 - Assessment of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) To determine
				  the amount of assessment for each account, computations shall be made by adding
				  together the following elements:
(1) the base
				  charge per account as specified in the commission order adopted in accordance
				  with §
											303.71 of
				  this title (relating to Costs of Administration);
(2) the use fee, which is calculated by
				  multiplying the total amount of water authorized for use under that account by
				  the appropriate assessment rate as determined by §
											303.72
				  of this title (relating to Determination of Assessment Rates); and,
(3) the storage fee, which is calculated by
				  multiplying the total amount of water authorized for storage under that account
				  by the storage assessment rate as determined by §
											303.72
				  of this title (relating to Determination of Assessment Rates). For any water
				  right authorizing storage and also more than one type of use, a storage fee for
				  the total storage authorization shall be applied to only one of the assessment
				  accounts associated with that water right.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.74 - General

Current through Reg. 49, No. 28; July 12, 2024
This subchapter is applicable to water rights permits for
					 water-in-transit in the Rio Grande below Fort Quitman, Texas. All other rules,
					 regulations, or orders promulgated or issued by the commission regarding water
					 rights are also applicable to water-in-transit water rights unless in conflict
					 with the provisions of this subchapter, in which event this subchapter shall
					 govern.