Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter B - WATERMASTER-REGULATORY FUNCTIONS › Section 303.12 - Records-Mainstem Middle and Lower Rio Grande

Current through Reg. 49, No. 28; July 12, 2024
(a) The watermaster shall maintain an
				  accurate inventory of water in Falcon and Amistad Reservoirs and shall maintain
				  records and institute necessary procedures with the International Boundary and
				  Water Commission as may be appropriate to perform this function.
(b) The watermaster shall timely submit a
				  monthly report to each allottee, or his designated agent, showing the current
				  status of each allottee's account. The period of time covered by each report
				  shall be from the last Saturday of a month at midnight to the last Saturday of
				  the following month at midnight. The report shall designate the date for the
				  end of the watermaster's next reporting period. Each allottee shall apply in
				  writing to the watermaster for correction of any alleged errors in the report
				  within 20 consecutive days following distribution of the monthly
				  report.
(c) A diverter shall
				  request written certification in advance to allow travel time for the released
				  water to reach the river diversion point as scheduled. Each reach of the river
				  shall constitute one day of travel time from Amistad Dam downstream. Whenever
				  there is a flow of water in the Rio Grande in excess of downstream
				  requirements, the watermaster may waive travel time requirements to allow
				  immediate diversions, provided that the diverter shall post the certification
				  at or near his diversion facility.
(d) Nondiverters who have water diverted and
				  transported for them from the Rio Grande by an authorized diverter or carrier
				  shall have the diverter place the order with the watermaster for the amount of
				  water desired. Each diverter or carrier furnishing water to a nondiverter is
				  required to furnish a report within five days of the last Saturday of the month
				  to the watermaster, showing the amount of water in acre-feet delivered to the
				  nondiverter, including transportation losses. If a nondiverter uses in excess
				  of the amount to which he is entitled, the excess amount shall be charged
				  against the account of the diverter.
(e) Diversions shall be charged against the
				  appropriate accounts as follows.
(1) A
				  diverter shall be charged with the actual amount diverted, without being
				  penalized, if the total diversion is within plus or minus 10% of the amount
				  requested pursuant to certification.
(2) A diverter shall be charged with 90% of
				  the certification amount if the total diversion is less than 90% of the amount
				  requested pursuant to certification.
(3) If the quantity of water diverted is more
				  than 110% of the amount requested pursuant to certification, then the diverter
				  will be charged with the actual amount of water diverted and the provisions of
				  §
											303.31 of this
				  title (relating to General) will apply.
(4) The watermaster shall have the discretion
				  to waive the penalties contained herein for excessive or inadequate diversions
				  due to circumstances beyond the control of the diverter.
(5) In accordance with Texas General Law,
				  §2, Chapter 35, 1981, at page 75, water diverted by Maverick County Water
				  Control and Improvement District 1 through its gravity irrigation diversion
				  system that is returned to the stream from which it was taken at specific
				  metered points or places operated by the International Boundary and Water
				  Commission is surplus water as defined in said law and is not appropriated
				  water. For water accounting and reporting purposes, surplus water shall not be
				  counted as a part of the total amount of water authorized to be diverted for
				  beneficial use under the district's water rights. Surplus water does not
				  include water flowing into the Rio Grande from tributaries which flow into the
				  Maverick system.