reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter H - CONVEYANCES OF LAND AND WATER RIGHTS › Section 297.82 - Duty To Inform Executive Director

Current through Reg. 49, No. 28; July 12, 2024
An owner of a water right or his or her agent shall
					 promptly inform the executive director of any transfer of water right or change
					 of the owner's address.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter H - CONVEYANCES OF LAND AND WATER RIGHTS › Section 297.83 - Recording Conveyances of Water Rights

Current through Reg. 49, No. 28; July 12, 2024
The written instrument evidencing a water right ownership
					 transfer shall be recorded in the office of the county clerk. Certified copies
					 or photocopies of the recorded instruments establishing the complete chain of
					 title between owners of record and the new owner shall be filed with the
					 executive director along with a completed Change of Ownership Form and an
					 ownership recording fee as required by §
										295.139(d)
					 of this title (relating to Miscellaneous Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter I - CONVEYING STORED WATER › Section 297.91 - Use of Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
Anyone proposing to use the bed and banks of any flowing
					 natural stream within this state for the purpose of conveying stored water from
					 a place of permitted storage to a place of permitted use must first comply with
					 the Texas Water Code, §
										11.042,
					 and the rules of the commission. An exception to the requirements of this
					 section may be granted by the commission if an emergency condition exists and
					 time does not permit following the procedures herein outlined. Further, the
					 requirements of this section are not applicable if water is being released from
					 upstream storage under order of the commission. See §
										295.111
					 of this title (relating to Application).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter I - CONVEYING STORED WATER › Section 297.92 - Authorization

Current through Reg. 49, No. 28; July 12, 2024
The commission may require the alteration or amendment of
					 any contract for the transportation of water if it finds the change is
					 necessary to protect vested rights or prevent the undue loss of water. After
					 the commission is satisfied that all provisions of law and these rules have
					 been complied with and that transportation of the stored water should be
					 authorized, an order will be entered authorizing the use of the watercourse for
					 that purpose and notice shall be made by the commission in accordance with
					 §
										295.160
					 of this title (relating to Notice of Applications To Convey Stored Water). The
					 rate of flow shall be determined by the executive director, and all interested
					 parties will be notified of the rate. An exception to the requirements of this
					 section may be granted by the commission if an emergency condition exists and
					 time does not permit following the procedures herein outlined. Further, the
					 requirements of this section are not applicable if water is being released from
					 upstream storage under order of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter I - CONVEYING STORED WATER › Section 297.93 - Duties of Water Conveyor

Current through Reg. 49, No. 28; July 12, 2024
The owner or controller of stored water shall not permit
					 the same to overflow the banks of any stream, nor shall he or she interfere
					 with those having a lawful right to the use of that rate of flow of the stream
					 which would prevail in the absence of the water in transit. The rate of flow
					 shall be determined by the executive director, and all interested parties will
					 be notified of the rate. Water, when released for downstream use, shall be of a
					 quality that will not affect adversely or harmfully the quality of water in the
					 stream or in storage below.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter I - CONVEYING STORED WATER › Section 297.94 - Duties of Others Along the Stream

Current through Reg. 49, No. 28; July 12, 2024
If stored waters are released from a reservoir and are
					 designated for use or storage downstream by a specified user legally entitled
					 to receive the water, it shall be unlawful for any other person to divert,
					 store, appropriate, use, or otherwise interfere with the passage of the waters
					 that are designated for downstream use or storage. Each owner or operator of a
					 reservoir and dam on the stream between the point of release and the point of
					 designation shall permit the free passage through the reservoir and dam of all
					 such released waters in transit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.101 - General; Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) General. In
				  order for the commission to exercise effective supervision over all uses of
				  state water, each supplier of treated or untreated state water possessing a
				  valid water right shall make application for an amendment based upon the
				  supplier's contractual arrangements with a purchaser and/or shall submit a copy
				  of the contract in accordance with §
										295.101 of
				  this title (relating to Documents To Be Filed). The contract must be submitted
				  and/or the application approved by the commission before deliveries or
				  diversions under the contract may be made lawfully. If a contract meets the
				  requirements of these sections and is consistent with the authorizations of the
				  base water right, the executive director will place a copy of the contract on
				  file with the commission records and shall so notify the supplier.
(b) Exceptions. The sections of this
				  subchapter shall not apply to the following:
(1) sales of untreated water conveyed by the
				  supplier through a canal, pipeline, or aqueduct for the purpose and for use in
				  the area authorized in the water right;
(2) sales of treated water supplied through a
				  public or private municipal distribution system or through a rural water supply
				  system for the purpose and for use in the area authorized in the water
				  right;
(3) deliveries of treated
				  sewage effluent for the purpose and use authorized and in the area authorized
				  in the water right;
(4) short term
				  (three years or less) sales of untreated water from the perimeter of a
				  reservoir for any purpose authorized in the water right in amounts not
				  exceeding 10 acre-feet per annum; or
(5) sales of untreated water from the Lower
				  and Middle Rio Grande.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.102 - When Application Required

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the exercise of rights under the contract between the supplier and the
				  purchaser would require amendment of the appropriative right on which the sale
				  is based, the supplier shall submit an application for an amendment in
				  accordance with §
										295.101 of
				  this title (relating to Documents To Be Filed).
(b) If the exercise of rights under the
				  contract between the supplier and the purchaser would not require amendment of
				  the appropriative right on which the sale is based or would require amendment
				  of the appropriative right only by adding a diversion point or by changing the
				  place of use of a water right which authorizes storage, the supplier shall
				  submit a copy of the executed contract to the executive director and shall not
				  have to submit an application for an amendment.
(c) If the supplier is not the holder of the
				  appropriative right on which the sale is based and if the exercise of rights
				  under the contract between the supplier and the purchaser would require an
				  amendment to alter the appropriative right:
(1) the holder of the appropriative right on
				  which the sale is based shall apply to amend the right in accordance with
				  §
											295.71
				  of this title (relating to Applications To Amend a Permit), and the supplier
				  shall submit a copy of the contract and/or an application for a permit in
				  accordance with §
											295.101 of
				  this title (relating to Documents To Be Filed); or
(2) the holder of the appropriative right on
				  which the sale is based shall join with the supplier in the application for
				  amendment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.103 - Special Requirements for Downstream Sales of Water from a Storage Reservoir

Current through Reg. 49, No. 28; July 12, 2024
(a) If a contract
				  which obligates a supplier to supply water from storage to a purchaser does not
				  provide for or contemplate diversions of water by the purchaser from
				  streamflows other than those resulting from releases of water from storage
				  under the contract, the supplier shall make releases of water to the extent of
				  the purchaser's downstream diversions within the limits of the supplier's water
				  right or the contract, except as follows.
(1)
				  Nothing in these sections shall require a seller to release water to satisfy
				  contractual obligations when such release would aggravate existing flooding
				  conditions, and the purchaser may divert water during such conditions pursuant
				  to the contract.
(2) The executive
				  director may recommend a condition to be included in the contractual amendment
				  which establishes stream flood stages for purposes of this section. The
				  commission may include such a condition in each amendment which authorizes such
				  a downstream sale of water from storage.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.104 - Special Requirements for Upstream Sales of Water from Storage

Current through Reg. 49, No. 28; July 12, 2024
If a contract provides that a purchaser may divert water
					 upstream of a supplier's storage reservoir in a manner which impairs the
					 supplier's water right:
(1) the
				  purchaser shall obtain a permit to the extent of the person's maximum annual
				  diversions of water for the term of the contract; or
(2) the supplier shall obtain a permit or an
				  amendment to the extent of the purchaser's maximum annual diversions of water
				  for the term of the contract; provided that the contract specifies that the
				  supplier shall apply for such permit or amendment and that the purchaser shall
				  divert water only under such permit or amendment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.105 - Effective Date of Water Supply Contract Rules

Current through Reg. 49, No. 28; July 12, 2024
The requirements of §§
										295.101-295.104
					 of this title (relating to Documents To Be Filed; When Application Required;
					 Special Requirements for Downstream Sales of Water from a Storage Reservoir;
					 and Special Requirements for Upstream Sales of Water from Storage) apply to all
					 contracts for sales of treated or untreated state water entered into after
					 January 2, 1964.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.106 - Perfection and Priority of Water Right

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless exempted by these sections, no treated or untreated state water
				  hereafter supplied under a contract shall be deemed to be in perfection of the
				  supplier's appropriative right under which the water is supplied, unless and
				  until the contractual amendment is granted by the commission or the contract is
				  submitted to the executive director in accordance with §
										295.101 of
				  this title (relating to Documents To Be Filed).
(b) If the supplier or the purchaser is
				  required by §
										297.103
				  of this title (relating to Special Requirements for Downstream Sales of Water
				  from a Storage Reservoir) to obtain a regular, term, or temporary permit or an
				  amendment to the extent of the purchaser's maximum annual diversions of water
				  not released from storage, the regular, term, or temporary permit or amendment
				  shall be perfected by the purchaser's diversions of water not released from
				  storage.
(c) If a supplier enters
				  into a contract which authorizes a purchaser to divert water upstream of the
				  supplier's storage reservoir in a manner which impairs the supplier's water
				  right, all diversions made by the purchaser shall be deemed for perfection
				  purposes to be diversions from the perimeter of the reservoir.
(d) Nothing contained in this subchapter
				  shall be construed as affecting in any way the perfection of rights exercised
				  prior to January 2, 1964, in a manner not in compliance with §
										295.101 of
				  this title (relating to Documents To Be Filed), §
										297.103
				  of this title (relating to Special Requirements for Downstream Sales of Water
				  from a Storage Reservoir) and §
										297.104
				  of this title (relating to Special Requirements for Upstream Sales of Water
				  from Storage).
(e) The commission
				  shall include the priority date in each contractual amendment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.107 - Reports

Current through Reg. 49, No. 28; July 12, 2024
Both the purchaser and seller of water under a water supply
					 contract shall submit annual reports to the commission in accordance with
					 §
										295.202 of
					 this title (relating to Reports).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter J - WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 297.108 - Effect on Existing Contractual Permits

Current through Reg. 49, No. 28; July 12, 2024
Nothing contained in these sections shall be construed to
					 invalidate contractual permits or other authorizations which have been obtained
					 prior to the effective date of these sections.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter only applies to diversion for desalination
					 and use of marine seawater and diversion for desalination of seawater solely
					 for industrial use and conveyance of treated marine seawater in the bed and
					 banks of a watercourse. The requirements for an application to divert marine
					 seawater and seawater and to convey treated marine seawater in the bed and
					 banks of a watercourse are in Chapter 295, Subchapter G of this title (relating
					 to Desalination, Procedural).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings
					 in this subchapter unless the context clearly indicates otherwise:
(1) Marine seawater--Water that is derived
				  from the Gulf of Mexico for desalination.
(2) Seawater--Water that is derived from a
				  bay or arm of the Gulf of Mexico for desalination and use solely for industrial
				  purposes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.202 - Approval Criteria for Diversion of Marine Seawater and Seawater

Current through Reg. 49, No. 28; July 12, 2024
The commission shall grant an application for a water right
					 to divert marine seawater or seawater for desalination under this subchapter
					 only if:
(1) the application conforms
				  to the requirements prescribed by §
										295.302
				  of this title (relating to Requirements for Application for Diversion of Marine
				  Seawater and Diversion of Seawater) and is accompanied by the prescribed
				  fee;
(2) the point of diversion is
				  located less than three miles seaward of any point located on the coast of this
				  state; or the water contains a total dissolved solids concentration based on a
				  yearly average of samples taken monthly at the water source of less than 20,000
				  milligrams per liter, in accordance with the requirements set out in §
										297.205
				  of this title (relating to Determination of Total Dissolved Solids
				  Concentration);
(3) the diverted
				  marine seawater or seawater is intended for a beneficial use and the marine
				  seawater or seawater will be treated in accordance with applicable commission
				  rules, based on the purpose for which the marine seawater or seawater is to be
				  used, before it is used;
(4) the
				  application is not detrimental to the public welfare;
(5) the applicant has provided documentation:
(A) that the point or points from which a
				  facility the person proposes to construct for diversion of marine seawater are
				  within the zones identified by the Texas Parks and Wildlife Department (TPWD)
				  and the Texas General Land Office (GLO) on the date that the application is
				  submitted; or
(B) of the results of
				  consultation with the TPWD and the GLO regarding the location of a facility the
				  person proposes to construct for diversion of seawater;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.203 - Water Availability

Current through Reg. 49, No. 28; July 12, 2024
The commission is not required to make a finding of water
					 availability for an application under Chapter 295, Subchapter G of this title
					 (relating to Desalination, Procedural).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.204 - Applicability of Environmental Flow Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall evaluate whether an
				  application for a diversion of marine seawater or seawater under Chapter 295,
				  Subchapter G of this title (relating to Desalination, Procedural) is consistent
				  with any applicable environmental flow standards established under Chapter 298
				  of this title (relating to Environmental Flow Standards for Surface Water).
(b) The commission may include any
				  provisions in a permit issued under Chapter 295, Subchapter G of this title
				  that the commission considers necessary to comply with the environmental flow
				  standards established under Chapter 298 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.205 - Determination of Total Dissolved Solids Concentration

Current through Reg. 49, No. 28; July 12, 2024
(a) In its consideration of an application
				  for a new or amended water right to divert marine seawater or seawater, the
				  commission shall review the information required under §
										295.302(i)
				  of this title (relating to Requirements for Application for Diversion of Marine
				  Seawater and Diversion of Seawater) and determine whether the application meets
				  the requirements of Texas Water Code (TWC), §
										11.1405(a)(2)
				  and §
										18.003(a)(2).
(b) The monthly samples must be taken at the
				  water source for each proposed diversion location over a period of at least one
				  year, in accordance with applicable TCEQ Surface Water Quality Monitoring
				  Procedures as amended. Procedures for analysis must be in accordance with the
				  most recently published edition of the
Standard Methods for the
				  Examination of Water and Wastewater,
40 Code of Federal Regulations
				  Part 136, or other reliable sources acceptable to the commission for total
				  dissolved solids. Laboratory accreditation requirements are specified in
				  Chapter 25 of this title (relating to Environmental Testing Laboratory
				  Accreditation and Certification).
(c) The assessment of any conditions upon a
				  proposed amendment to a water right under this section shall be limited by
				  §
										297.45(b)
				  of this title (relating to "No Injury" Rule) as provided by TWC, §
										11.122(b).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.206 - Treatment of Diverted Marine Seawater and Seawater

Current through Reg. 49, No. 28; July 12, 2024
The commission shall review the information submitted under
					 §
										295.302(f)
					 of this title (relating to Requirements for Application for Diversion of Marine
					 Seawater and Diversion of Seawater) and determine whether the diverted marine
					 seawater or seawater will be treated in accordance with applicable commission
					 rules, based on the purpose for which the marine seawater or seawater is to be
					 used.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.207 - Diversion of Marine Seawater and Seawater

Current through Reg. 49, No. 28; July 12, 2024
The commission shall review the information submitted under
					 §
										295.302(c)
					 of this title (relating to Requirements for Application for Diversion of Marine
					 Seawater and Diversion of Seawater) to ensure that the point of diversion is
					 not located in a bay or estuary unless the application is for desalination
					 solely for industrial purposes under Texas Water Code, §
										11.1405.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.208 - Consideration of Water Conservation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Information in the water conservation plan provided by an applicant for a water
				  right permit to divert marine seawater or seawater shall be considered by the
				  commission in determining whether any practicable alternative exists, whether
				  the requested amount is reasonable and necessary for the proposed use, and to
				  ensure that reasonable diligence will be used to avoid waste and achieve water
				  conservation.
(b) A water
				  conservation plan submitted with an application requesting to divert marine
				  seawater or seawater must include data and information which:
(1) supports the applicant's proposed use of
				  marine seawater or seawater with consideration of the water conservation goals
				  of the water conservation plan;
(2)
				  evaluates conservation as an alternative to the proposed diversion of marine
				  seawater or seawater;
(3) evaluates
				  other feasible alternatives to new water development. It shall be the burden of
				  proof of the applicant to demonstrate that the requested amount is necessary
				  and reasonable for the proposed use; and
(4) demonstrates compliance with applicable
				  provisions, based on the proposed use, in §
											295.9
				  of this title (relating to Water Conservation and Drought Contingency
				  Plans).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.209 - Impingement and Entrainment

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person who diverts seawater or marine seawater shall employ reasonable measures
				  to minimize impingement and entrainment.
(b) An application to divert marine seawater
				  or seawater under Chapter 295, Subchapter G of this title (relating to
				  Desalination, Procedural) must include a written statement of the
				  facility-specific, reasonable measures to minimize impingement and entrainment
				  that will be implemented at the proposed desalination facility.
(c) The written statement under subsection
				  (b) of this section must include:
(1) the
				  location and depth of the proposed intake;
(2) the timing of the proposed
				  diversions;
(3) the physical and
				  performance specifications of the proposed diversion systems and screen
				  barriers, including the size of the screen openings and the maximum
				  flow-through screen velocity; and,
(4) documentation that the proposed
				  combination of technologies, management practices, and operational methods
				  represent reasonable measures to minimize impingement and
				  entrainment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter K - DESALINATION, SUBSTANTIVE › Section 297.210 - Approval Criteria for an Application to Convey Treated Marine Seawater in the Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
The commission shall grant an application for a water right
					 to convey treated marine seawater in the bed and banks of a watercourse only
					 if:
(1) the application conforms to
				  the requirements prescribed by §
										295.305
				  of this title (relating to Requirements for an Authorization to Convey Treated
				  Marine Seawater in Bed and Banks) and is accompanied by the prescribed
				  fee;
(2) the marine seawater to be
				  conveyed is treated so as to meet standards that are at least as stringent as
				  the water quality standards adopted by the commission and applicable to any
				  receiving stream or impoundment through which the water is proposed to be
				  conveyed;
(3) the treated marine
				  seawater conveyed will only be used by the person to whom the authorization is
				  granted;
(4) the estimate of the
				  amount of treated marine seawater that will be lost to transportation,
				  evaporation, seepage, channel or other associated carriage losses is reasonable
				  and appropriate for the stream in which the treated marine seawater will be
				  conveyed;
(5) the accounting plan
				  submitted required by § 295.305(d)(7) of this title has been approved by
				  the executive director; and
(6) the
				  application does not impair existing water rights or vested riparian
				  rights.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter A - GENERAL PROVISIONS › Section 298.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise, or
					 unless a subchapter has a different definition that only applies to that
					 subchapter:
(1) Affected person--a
				  person who meets the requirements of §
										55.256
				  of this title (relating to Determination of Affected Person) for the specific
				  environmental condition proposed to be adjusted.
(2) Base flow--the range of average flow
				  conditions, in the absence of significant rainfall events, that may vary
				  depending on current weather patterns.
(3) Environmental flow regime--a schedule of
				  flow quantities that reflects seasonal and yearly fluctuations that typically
				  would vary geographically, by specific location in a watershed, and that are
				  shown to be adequate to support a sound ecological environment and to maintain
				  the productivity, extent, and persistence of key aquatic habitats in and along
				  the affected water bodies.
(4)
				  Environmental flow standards--those requirements contained in this chapter,
				  adopted by the commission under Texas Water Code, §
										11.1471.
(5) Lower Rio Grande--the main stem of the
				  Rio Grande, and its tributaries in Texas, from just above Falcon Reservoir to
				  the mouth of the Rio Grande.
(6)
				  Measurement point--a specific geographical location on a watercourse where
				  environmental flow standards are established.
(7) Middle Rio Grande--the main stem of the
				  Rio Grande, and its tributaries in Texas, from just above Amistad Reservoir to
				  just above Falcon Reservoir.
(8)
				  Pulse or high flow pulse--relatively short-duration, high flows within the
				  stream channel that occur during or immediately following a storm
				  event.
(9) Set-aside-an amount of
				  unappropriated water, if available, to be set aside to satisfy the
				  environmental flow standards to the maximum extent reasonable when considering
				  human water needs.
(10) Subsistence
				  flow--the minimum streamflow needed during critical drought periods to maintain
				  tolerable water quality conditions and to provide minimal aquatic habitat space
				  for the survival and recolonization of aquatic organisms.
(11) USGS--United States Geological
				  Survey.
(12) Water right holder--a
				  person or entity that owns a valid certificate of adjudication, certified
				  filing, or water right permit.
(13)
				  Water right permit--a valid certificate of adjudication, certified filing, or
				  water right permit. The term does not include exempt water uses, such as
				  domestic and livestock water uses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter A - GENERAL PROVISIONS › Section 298.5 - General

Current through Reg. 49, No. 28; July 12, 2024
This chapter contains the environmental flow standards and
					 set-asides required by Texas Water Code (TWC), §11.1471. The commission
					 adopts these environmental flow standards for each river basin and bay system
					 in this state as the commission receives recommendations from basin and bay
					 area stakeholders in accordance with TWC, §11.02362. The commission finds
					 that the environmental flow standards adopted herein are adequate to support a
					 sound ecological environment, to the maximum extent reasonable, considering
					 other public interests and other relevant factors as described in TWC,
					 §11.1471(b). The environmental flow standards adopted herein are schedules
					 of flow quantities, reflecting seasonal and yearly fluctuations that vary
					 geographically by specific location in a river basin and bay
					 system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter A - GENERAL PROVISIONS › Section 298.10 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  only relates to a permit for a new appropriation of water or to an amendment to
				  an existing water right that increases the amount of water authorized to be
				  stored, taken, or diverted, and the chapter applies only when there is an
				  applicable adopted environmental flow standard and only to:
(1) Water appropriated under a permit for a
				  new appropriation of water, the application for which was pending with the
				  commission on September 1, 2007, or is filed with the commission on or after
				  that date; or
(2) The increase in
				  the amount of water authorized to be stored, taken, or diverted under an
				  amendment to an existing water right that increases the amount of water
				  authorized to be stored, taken, or diverted, and the application for which was
				  pending with the commission on September 1, 2007, or was filed with the
				  commission on or after that date.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter A - GENERAL PROVISIONS › Section 298.15 - Special Conditions to Protect Environmental Flow Standards and Set-Asides

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may not grant an appropriation for state water that has been set
				  aside by the commission under this chapter to meet downstream instream flow
				  needs or freshwater inflow needs. The commission may not issue a permit for a
				  new appropriation or an amendment to an existing water right that increases the
				  amount of water authorized to be stored, taken, or diverted, after the adoption
				  of an environmental flow set-aside, if the issuance of the permit or amendment
				  would impair an environmental flow set-aside established by this
				  chapter.
(b) For purposes of
				  determining any environmental flow conditions in any water right permit
				  application to which this chapter applies that are necessary to maintain:
				  freshwater inflows to an affected bay and estuary system; existing instream
				  uses and water quality of a stream or river; or fish and wildlife habitats; the
				  commission shall apply any applicable environmental flow standard, including
				  any environmental flow set-aside, adopted in this chapter, instead of
				  considering the factors specified in Texas Water Code, §
										11.147(b)
				  - (e) and §§
										297.53-
				  297.56
				  of this title (relating to Habitat Mitigation; Water Quality Effects; Estuarine
				  Considerations; and Instream Uses, respectively).
(c) The commission will incorporate into
				  every water right permit any condition, restriction, limitation, or provision,
				  as provided in Chapter 297 of this title (relating to Water Rights,
				  Substantive) that is reasonably necessary to protect environmental flow
				  standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter A - GENERAL PROVISIONS › Section 298.20 - Priority Date for Set-Asides

Current through Reg. 49, No. 28; July 12, 2024
An environmental flow standard or set-aside established
					 under this chapter for a river basin and bay system other than the middle and
					 lower Rio Grande shall be assigned a priority date corresponding to the date
					 the commission receives environmental flow regime recommendations from the
					 applicable basin and bay expert science team as set forth in these rules. This
					 priority date shall be included in the appropriate water availability models
					 maintained by the commission in connection with an application for a permit for
					 a new appropriation or for an amendment to an existing water right that
					 increases the amount of water authorized to be stored, taken, or diverted. The
					 priority date for the environmental flow standards will be used in the water
					 availability determination for a new appropriation or for an amendment to an
					 existing water right that increases the amount of water authorized to be
					 stored, taken, or diverted and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter A - GENERAL PROVISIONS › Section 298.25 - Process for Adjusting Environmental Flow Conditions in Certain Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) On the petition
				  of the executive director, the commission may amend a water right permit for a
				  new appropriation or an amendment for an increase in the amount of water
				  authorized to be stored, taken, or diverted issued after September 1, 2007, in
				  order to adjust environmental flow special conditions, if the commission
				  determines, through the process set forth herein, that such an adjustment is
				  appropriate to achieve compliance with applicable environmental flow standards
				  adopted in this chapter.
(b) A
				  petition to adjust an environmental flow special condition shall be prepared by
				  the executive director in the manner of an original application for a permit
				  and have a title that indicates that it is to adjust environmental flow special
				  conditions. The petition shall be filed with the Chief Clerk in the same manner
				  as a water right permit application.
(c) Notice of the petition, with an
				  opportunity for public comment, shall be mailed by the executive director by
				  first-class mail, postage prepaid, to each water right holder of record within
				  the basin, to the Texas Parks and Wildlife Department, and to all navigation
				  districts within the river basin concerned not less than 30 days before the
				  date of action on the petition by the commission. The executive director will
				  also cause a copy of the notice to be posted to the commission's Web site at
				  least 30 days before the date of action on the petition by the commission. A
				  temporary outage of service of the commission's Web site during the 30-day
				  notice period does not prevent the commission's consideration of the petition.
				  The inadvertent failure of the executive director to mail notice to a
				  navigation district that is not an appropriator of water does not prevent the
				  commission's consideration of the petition.
(d) The commission may act on the petition
				  without holding a public hearing. The commission shall consider all written
				  public comment received on the petition prior to the commission's decision on
				  the petition.
(e) A motion for
				  rehearing of the commission's action must be filed no later than 23 days after
				  the Chief Clerk mails (or otherwise transmits) the decision on the petition and
				  provides instructions for requesting that the commission reconsider the
				  decision or hold a contested case hearing. The following may file a motion for
				  rehearing under this chapter:
(1) the
				  commission on its own motion;
(2)
				  the executive director;
(3) the
				  water right holder;
(4) Texas Parks
				  and Wildlife Department; and
(5)
				  affected persons, when authorized by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.200 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Trinity and San Jacinto rivers, their associated tributaries, and
					 Galveston Bay. In case of a direct conflict, provisions of this subchapter
					 control over any provisions of Subchapter A of this chapter (relating to
					 General Provisions) for purposes of environmental flow standards and regulation
					 in the Trinity and San Jacinto rivers, their associated tributaries, and
					 Galveston Bay.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.205 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings,
					 in this subchapter, unless the context clearly indicates otherwise:
(1) Galveston Bay--the estuary system
				  consisting of Galveston Bay and Trinity Bay, along with smaller associated bays
				  including East Bay and West Bay.
(2) Fall--the period of time September
				  through November, inclusive.
(3)
				  Spring--the period of time March through May, inclusive.
(4) Sound ecological environment--a
				  resilient, functioning ecosystem characterized by intact, natural processes,
				  and a balanced, integrated, and adaptive community of organisms comparable to
				  that of the natural habitat of a region.
(5) Summer--the period of time June through
				  August, inclusive.
(6) Winter--the
				  period of time December through February, inclusive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.210 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Trinity and
				  San Jacinto rivers, their associated tributaries, Galveston Bay, and the
				  associated estuaries are healthy and sound ecological environments.
(b) The commission finds that these sound
				  ecological environments can best be maintained by a set of flow standards that
				  implement a schedule of flow quantities that contain subsistence flow, base
				  flow, and one level of high flow pulses at defined measurement points. Minimum
				  flow levels for these components will vary by season and by year since the
				  amount of precipitation and, therefore, whether a system is in subsistence or
				  base flow conditions, will vary from year to year and within a year from season
				  to season, and the number of pulses protected will also vary with the amount of
				  precipitation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.215 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is December 1, 2009. The priority
					 date for the environmental flow standards will be used in the water
					 availability determination for a new appropriation or for an amendment to an
					 existing water right that increases the amount of water authorized to be
					 stored, taken, or diverted and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.225 - Environmental Flow Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  water right application in the Trinity or San Jacinto river basins, which
				  increases the amount of water authorized to be stored, taken or diverted as
				  described in §
										298.10
				  of this title (relating to Applicability), shall not reduce the long-term
				  frequency on either a seasonal or annual basis at which the volumes of
				  freshwater inflows, to Galveston Bay, as described in the figure in this
				  subsection, occur.
Attached
					 Graphic
(b) The
				  freshwater inflow standards are subject to adjustment, in accordance with Texas
				  Water Code, 11.147(e-1). The adjustment for each inflow level is calculated by
				  adding the volumes for all of the seasons in that inflow level for the entire
				  year and multiplying that annual total volume by 12.5% to generate the maximum
				  adjustment amount. The maximum adjustment, including the effect of any previous
				  adjustments, cannot increase the total volume for that inflow level above the
				  sum of the annual total of the original volume requirement for that level plus
				  the 12.5% adjustment.
(c) The
				  following environmental flow standards are established for the following
				  described measurement points:
(1) West Fork
				  Trinity River near Grand Prairie, Texas, generally described as United States
				  Geological Survey (USGS) gage 08049500, and more specifically described as
				  Latitude 32° 45' 45"; Longitude 96° 59' 40".
Attached
					 Graphic
(2)
				  Trinity River at Dallas, Texas, generally described as USGS gage 08057000, and
				  more specifically described as Latitude 32° 46' 29"; Longitude 96° 49'
				  18".
Attached
					 Graphic
(3)
				  Trinity River near Oakwood, Texas, generally described as USGS gage 08065000,
				  and more specifically described as Latitude 31° 38' 54"; Longitude 95°
				  47' 21".
Attached
					 Graphic
(4)
				  Trinity River near Romayor, Texas, generally described as USGS gage 08066500,
				  and more specifically described as Latitude 30° 25' 30"; Longitude 94°
				  51' 02".
Attached
					 Graphic
(5) East
				  Fork San Jacinto River near Cleveland, Texas, generally described as USGS gage
				  08070000, and more specifically described as Latitude 30° 20' 11";
				  Longitude 95° 06' 14".
Attached
					 Graphic
(6) West
				  Fork San Jacinto River near Conroe, Texas, generally described as USGS gage
				  08068000, and more specifically described as Latitude 30° 14' 40";
				  Longitude 95° 27' 25".
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.230 - Water Right Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For water right permits with an authorization to store or divert more than
				  10,000 acre-feet per year in the Trinity and San Jacinto River basins, and to
				  which the environmental flow standards apply, that are issued after the
				  effective date of this subchapter, the water right permit or amendment shall
				  contain flow restriction special conditions that are adequate to protect the
				  environmental flow standards of this subchapter.
(b) For water right permits with an
				  authorization to store or divert 10,000 acre-feet or less per year in the
				  Trinity and San Jacinto river basins and to which the environmental flow
				  standards apply, that are issued after the effective date of this subchapter,
				  the water right permit or amendment shall contain flow restriction special
				  conditions that are adequate to protect the environmental flow standards of
				  this subchapter; however, no special conditions are necessary to preserve or
				  pass high flow pulses.