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 297.13 - Temporary Permit under the Texas Water Code, Section 11.138

Current through Reg. 49, No. 28; July 12, 2024
(a) A commissioner
				  may authorize temporary permits under this section for beneficial purposes to
				  the extent that they do not interfere with or adversely affect prior
				  appropriations or vested rights on a stream from which water is to be diverted
				  under such temporary water rights or environmental flow needs. A temporary
				  permit is primarily designed for those persons who require state water for
				  highway construction, oil or gas well drilling projects, hydro-static tests for
				  pipelines, and other types of short duration projects.
(b) A temporary permit may not be granted for
				  a period of time exceeding three years and shall be junior to all affected
				  prior appropriations and vested rights on a stream. This permit does not vest
				  in the holder any permanent right to the use of state water and expires in
				  accordance with its terms and may be suspended upon notice by the executive
				  director or watermaster, as applicable, in order to protect senior water
				  rights. The permit may also have conditions for the protection of instream
				  uses, water quality, aquatic and wildlife habitat, and freshwater inflows to
				  bays and estuaries.
(c) The period
				  of time to use water authorized by a temporary permit which was initially
				  granted for a period of less than three years may be extended by the commission
				  upon written request by the permittee, but in no event shall the entire period
				  including the initial period as well as any extension exceed three years nor
				  shall an extension of time seek a change of diversion rate, diversion point, or
				  additional water.
(d) A temporary
				  permit for the use of ten acre-feet or less for a period of one calendar year
				  or less may be authorized without notice and hearing upon the 30th day after a
				  registration and fee as provided by §
										295.132
				  of this title (relating to Filing, Recording, and Notice Fees) is filed with
				  the TCEQ regional director or the watermaster, as applicable, unless the
				  applicant is notified by the regional director or watermaster within the thirty
				  day period that the registration is denied for failure to meet the requirements
				  of this section. The registration must contain a sworn statement by the
				  applicant containing the following minimum information:
(1) the name, mailing address and telephone
				  number of the applicant;
(2) the
				  diversion point and location of use as indicated on a United States Geological
				  Survey 7.5 minute map(s);
(3) the
				  purpose of use, as authorized under Texas Water Code, §
											11.023;
(4) the proposed maximum diversion
				  rate;
(5) amount of water to be
				  diverted not to exceed ten acre-feet per year; and
(6) the period for which the water is to be
				  used, not to exceed one year from the 30th day from the date the registration
				  is filed with the TCEQ regional director or watermaster, as
				  applicable.