reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.155 - Notice for Interbasin Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The notice requirements of this subchapter for an application for a new or
				  amended water right, as applicable, shall apply to an application for an
				  interbasin transfer except as otherwise provided by this section. In addition,
				  notice shall be given to users of record in the receiving basin who are located
				  below the point of introduction except for interbasin transfers described under
				  subsection (d)(2) - (5) of this section. For purposes of this section, a river
				  basin is defined and designated by the Texas Water Development Board by rule
				  pursuant to Texas Water Code, §
										16.051.
				  An increase in the amount of water being transferred to the receiving basin
				  under an existing water right constitutes a new interbasin basin transfer for
				  purposes of this section.
(b) In
				  addition to the notice requirements provided by subsection (a) of this section,
				  notice of an application for an interbasin transfer shall also include the
				  following unless exempted by subsection (d) of this section:
(1) notice of the application shall be mailed
				  to:
(A) all holders of water rights located in
				  whole or in part in the basin of origin if not already provided under
				  subsection (a) of this section;
(B)
				  each county judge of a county located in whole or in part in the basin of
				  origin;
(C) each mayor of a city
				  with a population of 1,000 or more based upon the most recent estimate of the
				  U.S. Census Bureau located in whole or in part in the basin of
				  origin;
(D) all groundwater
				  conservation districts located in whole or in part in the basin of
				  origin;
(E) each state legislator
				  in both basins; and
(F) the
				  presiding officer of each affected regional water planning group in both
				  basins;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.156 - Notice for Emergency Water Use

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  initial emergency authorization for the diversion and use of state water for a
				  period of not more than 120 days under the Texas Water Code, §
										11.139,
				  may be granted after notice to the governor and without the necessity of
				  issuing the notice required for other water rights issued by the
				  commission.
(b) Notice of the
				  hearing at which the commission determines whether to affirm, modify or set
				  aside the emergency authorization is not subject to the requirements of Texas
				  Water Code §
										11.132, but such general
				  notice of the hearing shall be given as the commission deems practicable and
				  meets the requirements of Texas Government Code, Chapter 2001. In the case of
				  an emergency transfer, such notice shall be provided, at a minimum, to the
				  water right holders whose right to use water is being temporarily transferred
				  and to the governor.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.157 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
A hearing on an application may be held without the
					 necessity of issuing further notice other than advising the applicant,
					 executive director, public interest advocate, 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 will 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 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.158 - Notice of Amendments to Water Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) On motion of executive director.
(1) If the executive director determines to
				  file a petition to amend a water right, notice of the determination stating the
				  grounds therefore and a copy of a proposed amendment draft shall be personally
				  served on or mailed by certified mail to the water right holder at the last
				  address of record with the commission.
(2) This notice shall be given at least 15
				  days before a petition is filed with the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.159 - Notice of Extension of Time to Commence or Complete Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) If the new date
				  of proposed commencement of construction is more than four years from the date
				  of issuance of the permit, or if the new proposed completion time is more than
				  five years from the date of completion required in the original permit, notice
				  of an application for extension of time shall be mailed and published as
				  required by the Texas Water Code, §
										11.132 and § 11.143,
				  and §
										295.151
				  of this title (relating to Notice of Application and Commission Action), §
										295.152 of
				  this title (relating to Notice by Publication), and §
										295.153
				  of this title (relating to Notice by Mail). The chief clerk shall mail notice
				  of the public hearing to the same persons to whom notice of the application for
				  the permit was mailed. The applicant shall be required to publish notice of the
				  hearing in the same manner in which an applicant for a water use permit is
				  required to publish notice of an application. No other notice is
				  required.
(b) The notice of any
				  application for an extension of time to commence or complete construction must
				  provide that the commission shall also consider whether the appropriation shall
				  be forfeited for failure by the applicant to demonstrate sufficient due
				  diligence and justification for delay.
(c) This section does not apply to a permit
				  for construction of a reservoir designed for storage of more than 50,000
				  acre-feet of water. No notice shall be required for an extension of time to
				  commence or complete construction of a reservoir designed for storage of more
				  than 50,000 acre-feet of water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.160 - Notice of Applications to Convey Stored Water

Current through Reg. 49, No. 28; July 12, 2024
If the commission has received a written statement of a
					 proposed conveyance of stored water, it shall send notice to each diverter of
					 record on the watercourse between the origin and terminus of the transit. The
					 notice shall set forth the approximate time that delivery will be commenced and
					 completed, the legal consequences that could result from the unlawful diversion
					 and taking of such water in transit, and other details the commission considers
					 appropriate. The expense of mailing notice shall be charged to the applicant.
					 These provisions may be waived by the commission of an emergency condition
					 exists and time does not permit following the procedure 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 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.161 - Notice of Application to Convey Water in Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for an application to convey
				  imported water, new or future increases of groundwater-based effluent or other
				  groundwater as provided in subsection (b) of this section, notice of an
				  application to convey groundwater-based effluent or other water in the bed and
				  banks of a stream or watercourse pursuant to Texas Water Code, §
										11.042(b) and
				  (c) shall be provided by first class mail,
				  postage prepaid, by the commission to every water right holder of record
				  downstream of the discharge point at least thirty (30) days prior to commission
				  consideration of the application.
(b) If the commission has received a written
				  statement of a proposed conveyance of imported water pursuant to Texas Water
				  Code, §
										11.042(a-1),
				  or new or future increases in groundwater-based effluent or other groundwaters
				  in the bed and banks of a stream or watercourse pursuant to Texas Water Code,
				  §
										11.042(b),
				  it shall send notice to each diverter of record on the watercourse between the
				  proposed point of discharge and the proposed point of diversion. The notice
				  shall set forth the approximate time that deliveries of such water will occur,
				  the legal consequences that could result from the unlawful diversion and taking
				  of such water in transit, and other details the commission considers
				  appropriate.
(c) Notice of an
				  application for a bed and banks permit under this section shall also be
				  provided to the Texas Parks and Wildlife Department and the Public Interest
				  Counsel.
(d) No published notice
				  shall be required for an application under this section.
(e) The applicant shall be responsible for
				  the costs of providing notice under this section. (For notice requirements
				  relating to the conveyance of stored water under Texas Water Code, §
										11.042(a),
				  see §
										295.160
				  of this title (relating to Notice of Applications to Convey Stored
				  Water).)
(f) Nothing in this
				  section is intended to deny any additional notice to an affected person that
				  may be required under the Texas Administrative Procedure Act.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.171 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
A request for contested case hearing on an application for
					 a water use permit or amendment made by the applicant, the executive director,
					 or an affected person who objects to the application must be made in writing,
					 must comply with the requirements of Chapter 55, Subchapter G, of this title
					 (relating to Requests for Reconsideration and Contested Case Hearings; Public
					 Comment), and specifically §
										55.251
					 of this title (relating to Requests for Contested Case Hearing, Public
					 Comment), and must be submitted to the commission within 30 days after the
					 publication of the notice of application. The commission may extend the time
					 allowed for submitting a request for contested case hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.172 - Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
The commission may conduct a contested case hearing on any
					 application. If the commission has received a request for a contested case
					 hearing, which it determines is in compliance with §
										55.251
					 and §
										55.255
					 of this title (relating to Requests for Contested Case Hearing, Public Comment;
					 and Commission Action on Hearing Request), if it determines that a contested
					 case hearing would serve the public interest, or if a commissioner requests a
					 contested case hearing, the commission shall conduct a contested case hearing
					 or refer the matter to the State Office of Administrative Hearings for a
					 contested case hearing. See §
										295.157 of this
					 title (relating to Notice of Hearing).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.173 - Action on Application Without Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
The commission may take action on an application requiring
					 public notice at a regular meeting, without holding a contested case hearing,
					 provided:
(1) at least 30 days prior
				  to the regular meeting at which action is taken, notice of the application has
				  been given by publication and by mail and:
(A) no person has requested a contested case
				  hearing within 30 days of the publication of notice or within any extension of
				  that period authorized by the commission; or
(B) the commission has denied all timely
				  filed hearing requests for failing to meet applicable requirements;
				  and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.174 - Applications for Temporary Permits, Emergency Permits, and Authorization to Divert Water From Unsponsored and Storage-Limited Projects for Domestic and Livestock Purposes

Current through Reg. 49, No. 28; July 12, 2024
The sections in this subchapter relating to requests for
					 contested case hearings and the requirements to hold contested case hearings in
					 certain circumstances do not apply to applications for temporary water use
					 permits, emergency water use permits, or authorization to divert water from
					 unsponsored and storage-limited projects for domestic and livestock purposes.
					 In these specified instances, the commission may conduct such hearings as it
					 deems appropriate. However, the commission shall conduct a hearing on a
					 temporary permit if it has been provisionally issued and if the permit has been
					 cancelled upon request of the executive director under §
										295.181
					 of this title (relating to Provisional Disposition of Application for Temporary
					 Permit).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.175 - Cancellation of Water Rights

Current through Reg. 49, No. 28; July 12, 2024
The commission shall conduct a hearing to determine whether
					 a water right should be cancelled, in whole or in part, under the Texas Water
					 Code, §§
										11.171-11.186,
					 if the executive director requests such a hearing. A hearing under the Texas
					 Water Code, §
										11.146,
					 is required in order to determine whether a permit has been or should be
					 forfeited and cancelled in whole or in part for failure of the permittee to
					 commence or complete construction, unless permittee executes a form abandoning
					 all rights under the permit and waiving rights to notice and hearing thereon.
					 No hearing is required if the water right holder executes a form abandoning all
					 rights under the water right and waiving the right to notice and
					 hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.176 - Public Hearing on Application for Local Sponsor Designation

Current through Reg. 49, No. 28; July 12, 2024
After a local sponsor application is filed with the
					 commission, the chief clerk shall issue a notice of public hearing to be
					 published by the applicant or his agent in a newspaper having general
					 circulation in that section of the state where the project is proposed to be
					 located. After notice, the commission shall hold a public hearing to consider
					 applications for local sponsor designations. Any interested party may appear
					 and be heard for or against an applicant being designated as local sponsor of a
					 project. After notice and hearing, the commission shall grant or reject the
					 application and shall state its reasons. The commission may designate
					 co-sponsors for the project, or it may grant one application and deny
					 others.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter D - CONTESTED CASE HEARING › Section 295.177 - Evidentiary Hearing on Interbasin Transfer Amendments

Current through Reg. 49, No. 28; July 12, 2024
An evidentiary hearing on an application to transfer water
					 authorized under an existing water right is limited to considering issues
					 related to the requirements of Texas Water Code, §
										11.085.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter E - SPECIAL ACTIONS OF THE COMMISSION › Section 295.181 - Provisional Disposition of Application for Temporary Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Provisional
				  disposition. The executive director shall review each application for a
				  temporary permit and make a recommendation as to whether or not sufficient
				  water is available at the proposed point of diversion to satisfy the
				  requirements of the application as well as all existing water rights. If the
				  application is for not more than 10 acre-feet of water and for a period of not
				  more than one year, if no valid complaint has been received by the commission
				  prior to or during the pendency of the application from a person alleging the
				  matters set out in subsection (b) of this section, and if it appears to the
				  executive director that sufficient water is available at the proposed point of
				  diversion to satisfy the requirements of the application as well as all
				  existing water rights, the application will be forwarded to the commission, any
				  member of which shall have the authority to make provisional disposition of the
				  application by issuing a temporary permit to the applicant.
(b) Action upon receipt of complaint. If a
				  complaint is received before or after diversions are commenced under a
				  temporary permit issued provisionally as provided in subsection (a) of this
				  section from a person alleging that he is the owner of a water right or is a
				  lawful user of water on the stream affected by the temporary permit and that
				  the diversion of water under the temporary permit will impair the rights of the
				  complainant, the executive director shall make an immediate investigation to
				  determine whether there is a reasonable basis for such complaint. If it appears
				  from a preliminary investigation that there is a probability that diversions
				  under the temporary permit will result in injury to the complainant, the
				  executive director shall request that the commission immediately notify, and
				  the commission shall immediately notify, the holder of such temporary permit
				  that the permit is cancelled without notice and hearing and that no further
				  diversions may be made under it pending a full hearing, as provided in §
										295.174
				  of this title (relating to Applications for Temporary Permits, Emergency
				  Permits, and Authorization to Divert Water From Unsponsored and Storage-Limited
				  Projects for Domestic and Livestock Purposes).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter E - SPECIAL ACTIONS OF THE COMMISSION › Section 295.182 - Application for Authorization to Divert Water From Unsponsored and Storage-Limited Projects for Domestic and Livestock Use

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorization by commissioner. Any
				  commissioner is authorized to issue a letter authorizing the diversion of water
				  from unsponsored or storage-limited projects for domestic and livestock
				  use.
(b) Revocation of
				  authorization. When compliance with the conditions contained in the letter
				  authorizing the diversion of water is not occurring or, in the case of domestic
				  use, water becomes reasonably available through a water supply system, the
				  authorization may be revoked by sending a letter of revocation to the user
				  setting forth the basis for the revocation and signed by a
				  commissioner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter E - SPECIAL ACTIONS OF THE COMMISSION › Section 295.183 - Application for an Amendment Based on a Water Supply Contract Action of the Commission

Current through Reg. 49, No. 28; July 12, 2024
The commission shall approve, in whole or in part, the
					 application and issue an amendment based on a water supply contract only if it
					 determines that:
(1) the supplier has
				  met the requirements of §§
										297.101-297.108
				  of this title (relating to Water Supply Contracts and Amendments);
(2) the proposed contractual amendment is not
				  detrimental to the public welfare, including a consideration of whether the
				  contract, together with all other contracts previously submitted by the
				  supplier and contractual permits in effect at the time the commission considers
				  the application, provides for the storage, diversion, or use of state water in
				  excess of the water right of the supplier; and
(3) the proposed sale will not impair
				  existing water rights.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter E - SPECIAL ACTIONS OF THE COMMISSION › Section 295.184 - Extension of Time for Construction

Current through Reg. 49, No. 28; July 12, 2024
The commission may, by entering an order of record, extend
					 the time to commence or complete construction for a reasonable period of
					 time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter E - SPECIAL ACTIONS OF THE COMMISSION › Section 295.185 - Condemnation

Current through Reg. 49, No. 28; July 12, 2024
Full authority is lodged with the commission to condemn
					 existing works, the existence or operation of which may, in the judgment of the
					 commission, become a public menace or a danger to life and property. The
					 existence of such works may be brought to the attention of the commission by
					 complaint.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter E - SPECIAL ACTIONS OF THE COMMISSION › Section 295.186 - Reservoirs Without Low-Flow Outlets

Current through Reg. 49, No. 28; July 12, 2024
The commission may order the owner of a lawful dam to
					 install a low-flow outlet or other means sufficient to pass such flows as the
					 commission finds necessary to satisfy the rights of downstream domestic and
					 livestock users, the senior and superior rights of other authorized users,
					 instream flow requirements, and estuarine inflow
					 requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter F - MISCELLANEOUS › Section 295.201 - Filing of Instruments

Current through Reg. 49, No. 28; July 12, 2024
(a) Received
				  date. All instruments, correspondence, and material delivered to the executive
				  director shall be stamped or marked "Received' and the date thereof clearly
				  indicated.
(b) Acceptance of water
				  use permit application for filing. Any water use permit application requiring
				  commission action shall not be formally accepted for filing by the commission
				  until it is reviewed by the executive director as to form, fees, and data
				  required by law and declared administratively complete under §
										281.17
				  of this title (relating to Notice of Receipt of Application and Declaration of
				  Administrative Completeness). No substantive changes may be made after an
				  application has been filed with the chief clerk of the commission by the
				  executive director. Applications for permits to appropriate state water or
				  amendments to permits, certified filings, or certificates of adjudication shall
				  not be considered filed as required by the Texas Water Code, §
										11.141, until
				  declared administratively complete by the executive director and filed by the
				  executive director with the chief clerk of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.300 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  only applies to diversion and use of marine seawater for desalination,
				  diversion of seawater from a bay or arm of the Gulf of Mexico for desalination
				  solely for industrial purposes, and conveyance of treated marine seawater
				  through the bed and banks of a flowing stream. The commission may issue a
				  permit under this subchapter to authorize a diversion of state water from the
				  Gulf of Mexico or a bay or arm of the Gulf of Mexico for desalination and use
				  if:
(1) the point of diversion is located
				  less than three miles seaward of any point located on the coast of this state;
				  or
(2) the water at the proposed
				  diversion point 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.301 - 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) Affected person--A person who has a
				  personal justiciable interest related to a legal right, duty, privilege, power,
				  or economic interest affected by the application. An interest common to members
				  of the general public does not qualify as a personal justiciable interest. The
				  determination of whether a person is affected shall be governed by §
										55.256
				  of this title (relating to Determination of Affected Person).
(2) Marine seawater--Water that is derived
				  from the Gulf of Mexico for desalination.
(3) Seawater--Water that is derived from a
				  bay or arm of the Gulf of Mexico for desalination and use solely for industrial
				  purposes.
(4) Three-mile seaward
				  boundary--The three nautical mile boundary developed by the Texas General Land
				  Office for the Dispersant Use Pre-Approval Zone.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.303 - Review Timeframes

Current through Reg. 49, No. 28; July 12, 2024
(a) The review
				  timeframes in this section only apply to applications which are determined to
				  be administratively complete when submitted. If the application is not
				  administratively complete, the application will not be considered for expedited
				  processing under this section.
(b)
				  Applications shall be reviewed by the staff for administrative completeness
				  within 10 working days of receipt of the application by the executive
				  director.
(c) After an application
				  is determined by the executive director to be administratively complete, the
				  executive director shall commence a technical review as necessary and
				  appropriate. For purposes of this subchapter, the technical review period is
				  that period of time beginning with the completion of the initial review period
				  and will continue for a period of time not to exceed 60 working days, except as
				  extended pursuant to subsection (d) of this section.
(d) The applicant shall be promptly notified
				  of any additional technical material necessary for a complete review. If the
				  applicant provides the information within the technical review period
				  prescribed by subsection (c) of this section, the executive director will
				  complete processing of the application within the technical review period
				  extended by the number of days taken by the applicant to provide the additional
				  data. If the necessary additional information is not received by the executive
				  director prior to expiration of the original technical review period and the
				  information is considered essential by the executive director to make
				  recommendations to the commission on a particular matter, the executive
				  director may return the application to the applicant. In no event, however,
				  will the applicant have less than 30 days to provide the technical data before
				  an application is returned. And, in no event shall the executive director have
				  less than 60 working days, exclusive of any time spent waiting for submission
				  of additional information, to complete the technical review. Decisions to
				  return the application to the applicant during the technical review stage will
				  be made on a case-by-case basis. The applicant has the option of having the
				  question of sufficiency of necessary technical data referred to the commission
				  for a decision instead of having the application returned.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.304 - Notice of Application to Divert Marine Seawater or Seawater

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time
				  that the technical review of an application for a permit to divert marine
				  seawater or seawater has been completed and the technical memoranda have been
				  filed by the executive director with the chief clerk of the commission, the
				  chief clerk shall give notice by email to the county judge for each county in
				  which the proposed facility is proposed to be located, the Texas Parks and
				  Wildlife Department, the Texas General Land Office, and any person who has
				  submitted a written request to the Office of the Chief Clerk providing a valid
				  email address and asking to receive notice of applications filed under this
				  subchapter. The notice shall also be posted on the commission's
				  website.
(b) The notice must:
(1) state the name and address of the
				  applicant;
(2) state the date on
				  which the application was received by the commission;
(3) state the date the application was filed
				  by the executive director with the chief clerk as required by §
											281.17(a)
				  or (b) of this title (relating to Notice of
				  Receipt of Application and Declaration of Administrative
				  Completeness);
(4) state that the
				  executive director has determined that the technical review of the application
				  is complete;
(5) state the
				  application number;
(6) state the
				  purpose and amount of the proposed diversion of marine seawater or
				  seawater;
(7) identify the location
				  of the diversion point(s);
(8)
				  state the executive director's recommendation regarding the
				  application;
(9) state that a
				  person may submit written comments and that an affected person, the applicant,
				  the executive director, and the commission may request a contested case hearing
				  and indicate the deadlines for doing so;
(10) include the name and address of the
				  agency, and the telephone number of an agency contact from whom interested
				  persons may obtain future information; and
(11) give any additional information the
				  commission considers necessary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.305 - Requirements for an Authorization to Convey Treated Marine Seawater in Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) The application
				  shall include evidence that the marine seawater conveyed under a permit subject
				  to the requirement in this section will be treated so as to meet standards that
				  are at least as stringent as the water quality standards adopted by the
				  commission and applicable to the receiving stream or impoundment. More
				  stringent treatment may be required if the commission determines it is
				  necessary to protect water quality.
(b) Treated marine seawater that is conveyed
				  under an authorization granted under this section may be used only by the
				  person to whom the authorization is granted.
(c) This section does not prohibit a person
				  from conveying treated marine seawater in any other manner authorized by
				  law.
(d) A person wishing to place
				  treated marine seawater into a stream or watercourse, convey the treated marine
				  seawater in the watercourse or stream, and subsequently divert such treated
				  marine seawater shall file an application with the commission containing the
				  following information:
(1) the name, mailing
				  address, and telephone number of the applicant;
(2) the name of the stream and the locations
				  of the point of discharge and diversion as identified on a United States
				  Geological Survey 7.5-minute topographical map(s);
(3) the source, amount, and rates of
				  discharge and diversion;
(4) a
				  description of the water quality of the water discharged and the permit number
				  and name of any related discharge permit;
(5) an assessment of the adequacy of the
				  quantity and quality of flows remaining after the proposed diversion to meet
				  instream uses and bay and estuary freshwater inflow needs;
(6) the estimated amount of treated marine
				  seawater that will be lost to transportation, evaporation, seepage, channel or
				  other associated carriage losses from the point of discharge to the point of
				  diversion, including the method used to calculate the losses;
(7) an accounting plan that demonstrates that
				  the applicant will only divert the amount of treated marine seawater discharged
				  less losses; and
(8) any other
				  information the executive director may need to complete an analysis of the
				  application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.306 - Notice of Application to Convey Treated Marine Seawater in Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of an
				  application to convey treated marine seawater in the bed and banks of a stream
				  or watercourse shall be provided by first class mail, postage prepaid, by the
				  commission to every water right holder of record downstream of the discharge
				  point at least 30 days prior to commission consideration of the application.
				  Notice shall also be provided to any person who has submitted a written request
				  to the Office of the Chief Clerk providing a valid email address and asking to
				  receive notice of applications filed under this subchapter. The notice shall be
				  posted on the commission's website.
(b) No published notice shall be required for
				  an application under this section.
(c) The applicant shall be responsible for
				  the costs of providing notice under this section.
(d) The notice must:
(1) state the name and address of the
				  applicant;
(2) state the date on
				  which the application was received by the commission;
(3) state the date the application was filed
				  by the executive director with the chief clerk as required by §
											281.17(a)
				  or (b) of this title (relating to Notice of
				  Receipt of Application and Declaration of Administrative
				  Completeness);
(4) state that the
				  executive director has determined that the technical review of the application
				  is complete;
(5) state the
				  application number;
(6) state the
				  purpose of use for the conveyed treated marine seawater;
(7) state the executive director's
				  recommendation regarding the application;
(8) state that a person may provide written
				  comments on the application and indicate the deadline for doing so;
(9) for applications that do not request
				  authorization to convey treated marine seawater through a reservoir or
				  impoundment, the notice shall state that a person may not request a contested
				  case hearing;
(10) for applications
				  that request authorization to convey treated marine seawater through a
				  reservoir or impoundment, the notice shall state that an affected person, the
				  commission, the executive director, and the applicant may request a contested
				  case hearing and indicate the deadline for doing so;
(11) include the name and address of the
				  agency, and the telephone number of an agency contact from whom interested
				  persons may obtain future information; and
(12) give any additional information the
				  commission considers necessary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter A - DEFINITIONS AND APPLICABILITY › Section 297.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
					 and in Chapters 288 and 295 of this title (relating to Water Conservation
					 Plans, Drought Contingency Plans, Guidelines and Requirements; and Water
					 Rights, Procedural, respectively), shall have the following meanings, unless
					 the context clearly indicates otherwise.
(1) Agriculture or agricultural--Any of the
				  following activities:
(A) cultivating the
				  soil to produce crops for human food, animal feed, or planting seed or for the
				  production of fibers;
(B) the
				  practice of floriculture, viticulture, silviculture, and horticulture,
				  including the cultivation of plants in containers or non-soil media by a
				  nursery grower;
(C) raising,
				  feeding, or keeping animals for breeding purposes or for the production of food
				  or fiber, leather, pelts, or other tangible products having a commercial
				  value;
(D) raising or keeping
				  equine animals;
(E) wildlife
				  management;
(F) planting cover
				  crops, including cover crops cultivated for transplantation, or leaving land
				  idle for the purpose of participating in any governmental program or normal
				  crop or livestock rotation procedure; and
(G) aquaculture as defined in Texas
				  Agriculture Code, §
											134.001, which reads
				  "'aquaculture' or 'fish farming' means the business of producing and selling
				  cultured species raised in private facilities. Aquaculture or fish farming is
				  an agricultural activity."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter A - DEFINITIONS AND APPLICABILITY › Section 297.2 - Water-in-Transit in the Rio Grande

Current through Reg. 49, No. 28; July 12, 2024
This chapter only applies to applications for
					 water-in-transit in the Rio Grande to the extent that the rules for
					 water-in-transit applications in the Rio Grande in Chapter 303 of this title
					 (relating to Operation of the Rio Grande) do not govern or do not expressly
					 conflict with this chapter. The applicable rules for water-in-transit in the
					 Rio Grande are in Chapter 303 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter B - CLASSES OF WATER RIGHTS › Section 297.11 - General Authorization to Divert, Store or Use State Water,Texas Water Code, Section

Current through Reg. 49, No. 28; July 12, 2024
Except as provided under Texas Water Code §§
										11.142,
					 11.1421
					 and
					 11.1422,
					 no person may divert, store, impound, take or use water or begin construction
					 of any work designed for the storage, taking, or diversion of water without
					 first obtaining a water right. Such authorization may be with or without a
					 term, on an annual or seasonal basis, or on a temporary or emergency basis as
					 provided by this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter B - CLASSES OF WATER RIGHTS › Section 297.12 - Seasonal Permit under the Texas Water Code, Section

Current through Reg. 49, No. 28; July 12, 2024
A seasonal permit limits the diversion of state water to
					 the portion or portions of the calendar year stated in the permit. (This type
					 of permit is usually granted where irrigation is desired for seasonal crops or
					 where the applicant proposes to appropriate water to fill an off-channel
					 reservoir during the wet season for later use.)
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter B - CLASSES OF WATER RIGHTS › Section 297.14 - Contractual Permit

Current through Reg. 49, No. 28; July 12, 2024
A contractual permit authorizes the use of state water
					 where the source of supply is water lawfully authorized for the use of another
					 person and a written agreement has been entered into with said person. The
					 permit is for a period of time limited by the contract, and no permanent right
					 is acquired by the holder. See Subchapter J of this chapter (relating to Water
					 Supply Contracts and Amendments).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter B - CLASSES OF WATER RIGHTS › Section 297.15 - Permit For Use of Water from Exempt Dam or Reservoir for Nonexempt Purposes, Texas Water Code, Section

Current through Reg. 49, No. 28; July 12, 2024
A Texas Water Code (TWC), §11.143, permit authorizes
					 anyone owning a dam or reservoir on the person's own property with normal
					 storage of not more than 200 acre-feet of water for domestic and livestock
					 purposes or wildlife management purposes, to take state water therefrom for any
					 lawful purpose authorized in the permit. (A permit is not required to use water
					 from such a reservoir for domestic and livestock or wildlife management
					 purposes.) Reservoirs on navigable streams are not exempt under TWC,
					 §11.142. Application requirements and procedures are less detailed than
					 those required for TWC, §11.121, permits. It may be permanent in nature,
					 seasonal, or granted for a term of years. The owner of an exempt impoundment
					 under TWC, §11.142, who subsequently desires to use state water therefrom
					 for other than domestic and livestock, or wildlife management purposes may
					 elect to apply for a permit under TWC, §11.143, or proceed under the
					 provisions of TWC, §11.124, et seq.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter B - CLASSES OF WATER RIGHTS › Section 297.18 - Interbasin Transfers, Texas Water Code, Section

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  take or divert any state water from a river basin and transfer such water to
				  any other river basin without first applying for and receiving a water right or
				  an amendment to a water right authorizing the transfer.
(b) An increase in the authorized amount of
				  water being transferred to the receiving basin under an existing water right
				  constitutes a new interbasin transfer for purposes of this section.
(c) In addition to the other requirements of
				  this chapter relating to the review of and action on an application for a new
				  or amended water right, the commission shall weigh the effects of the proposed
				  transfer by considering:
(1) the need for the
				  water in the basin of origin and in the proposed receiving basin based on the
				  period for which the water supply is requested, but not to exceed 50
				  years;
(2) factors identified in
				  the applicable approved regional water plans which address the following:
(A) the availability of feasible and
				  practicable alternative supplies in the receiving basin to the water proposed
				  for transfer;
(B) the amount and
				  purposes of use in the receiving basin for which the water is needed;
(C) proposed methods and efforts by the
				  receiving basin to avoid waste and implement water conservation and drought
				  contingency measures;
(D) proposed
				  methods and efforts by the receiving basin to put the water proposed for
				  transfer to beneficial use;
(E) the
				  projected economic impact that is reasonably expected to occur in each basin as
				  a result of the transfer; and
(F)
				  the projected impacts of the proposed transfer that are reasonably expected to
				  occur on existing water rights, instream uses, water quality, aquatic and
				  riparian habitat, and bays and estuaries in each basin. If the water sought to
				  be transferred is currently authorized to be used under an existing water right
				  in the basin of origin, such impacts shall only be considered in relation to
				  that portion of the water right proposed for transfer and shall be based on the
				  historical uses of the water right for which amendment is sought.
(3) proposed mitigation or
				  compensation, if any, to the basin of origin by the applicant;
(4) the continued need to use the water for
				  the purposes authorized under the existing water right if an amendment to an
				  existing water right is sought;
(5)
				  comments received from county judges required to be provided notice of the
				  application as provided by §
											297.17
				  of this title (relating to Emergency Authorization (Texas Water Code, §
											11.139));
				  and
(6) information required to be
				  submitted by the applicant.