reglab/statecodes huggingface dataset:
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 297.19 - Term Permit under Texas Water Code, Section 11.1381

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may issue a permit for a term of years for the use of unused appropriated water
				  when there is insufficient unappropriated water in the source of supply to
				  satisfy the application.
(b) An
				  application for a term permit under this section shall be denied if:
(1) the commission finds there is a
				  substantial likelihood that the issuance of the term permit will jeopardize
				  financial commitments made for water projects that have been built or that are
				  being built to optimally develop the water resources in the area;
(2) if the holder of an affected unused
				  appropriation can demonstrate that the issuance of the permit would prohibit
				  the holder from beneficially using the water right during the term of the
				  permit. Such demonstration may be made by using water use projections contained
				  in the state or regional water plans, economic indicators, population growth
				  projections, electrical generation needs, or other reasonable projections based
				  on accepted methods;
(3) the
				  proposed permit is not intended for a beneficial use; or
(4) the proposed permit would be detrimental
				  to the public welfare.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter C - USE EXEMPT FROM PERMITTING › Section 297.22 - Storage in Another's Reservoir

Current through Reg. 49, No. 28; July 12, 2024
A permit is required to appropriate state water for storage
					 in another's lawful reservoir and to divert and use water therefrom. Consent of
					 the reservoir owner must be obtained in writing and provided to the executive
					 director. If the reservoir is a project of the Natural Resources Conservation
					 Service, U. S. Department of Agriculture, consent must be obtained from the
					 local, sponsoring Soil and Water Conservation District or any others having
					 jurisdiction over the reservoir before a permit can be
					 acquired.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter C - USE EXEMPT FROM PERMITTING › Section 297.23 - Spreader Dams, Contouring, Terracing

Current through Reg. 49, No. 28; July 12, 2024
No permit shall be required to construct or maintain any
					 system of contouring, terracing, spreader dams or other such practices designed
					 to make maximum beneficial use of diffused surface water and overbank flooding
					 and to implement any generally accepted conservation practices necessary to
					 prevent or reduce erosion on one's own property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter C - USE EXEMPT FROM PERMITTING › Section 297.24 - Permit Exemption for Mariculture Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Without obtaining a permit from the
				  commission, a person engaged in mariculture activities on land may take an
				  appropriate amount of water from the Gulf of Mexico or adjacent bays and arms
				  of the Gulf of Mexico for that purpose if:
(1) prior to the first taking of water, the
				  person gives notice to the commission of the proposed appropriation including:
(A) the name and address of the
				  person(s);
(B) the location of the
				  project;
(C) the name of the water
				  source;
(D) the maximum annual
				  amount of water to be appropriated and the basis for calculating the amount
				  needed; and
(E) the month and year
				  of the first appropriation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter C - USE EXEMPT FROM PERMITTING › Section 297.25 - Permit Exemption for Drilling and Producing of Petroleum

Current through Reg. 49, No. 28; July 12, 2024
Without obtaining a water use permit from the commission, a
					 person engaged in drilling for petroleum, or producing petroleum, may take for
					 those purposes not to exceed one acre-foot of water per 24-hour period from the
					 Gulf of Mexico or from the adjacent bays and arms of the Gulf of Mexico. A
					 person using water for such purposes is not required to file water use
					 reports.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter C - USE EXEMPT FROM PERMITTING › Section 297.26 - Permit Exemption to Use State Water for Fire and Emergency Use

Current through Reg. 49, No. 28; July 12, 2024
Without obtaining a permit from the commission, county and
					 rural community fire departments and other emergency service providers may
					 divert and use state water from streams and reservoirs, including exempt
					 domestic and livestock reservoirs for fire and emergency purposes. Emergency
					 purposes under this rule include use of water to fight fires, manage chemical
					 spills, and as needed to deal with emergency public welfare concerns. Emergency
					 purposes does not include domestic, livestock or other purposes defined by
					 §
										297.1 of
					 this title (relating to Definitions). Rural emergency service providers
					 (entities) may also establish "Dry Hydrant" installations in streams and
					 reservoirs, including exempt reservoirs. Dry hydrant installations shall be
					 exempt from permitting requirements provided that:
(1) Hydrant locations are identified and
				  documented by the installing entities and the entities file these
				  identification codes and location descriptions with the executive director
				  within 120 days after completion of an installation;
(2) Facilities installed before the adoption
				  of this rule are documented within six months after the rule is
				  adopted;
(3) Ingress and egress
				  authorizations are obtained from private property owners and/or public entities
				  on whose property the installations are located;
(4) Installations conform to design and
				  installation requirements and guidelines recommended by the USDA, Natural
				  Resources Conservation Service; and
(5) Diversions from dry hydrant installations
				  are reported to the executive director by the using entities within 60 days of
				  use. Pump testing of facilities is not required to be reported.
(A) Local offices of the USDA, Natural
				  Resources Conservation Service can provide technical assistance and
				  recommendations for installation of dry hydrant facilities.
(B) Hydrant facilities which do not meet the
				  above minimum requirements must be authorized by Water Code, §
											11.121 permits
				  granted by the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter C - USE EXEMPT FROM PERMITTING › Section 297.27 - Permit Exemptions for Use of State Water for Irrigation of Certain Historic Cemeteries and for Sedimentation Control Structures within Surface Coal Mining Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit
				  Exemption for Use of State Water for Irrigation of Certain Historic Cemeteries.
(1) Without obtaining a water use permit from
				  the commission, a tax-exempt non-profit corporation that owns a cemetery may
				  divert from a stream not more than 200 acre-feet of water each year to irrigate
				  the grounds of the cemetery if the cemetery:
(A) borders the stream; and
(B) is more than 100 years old.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter D - DIVERSION FROM UNSPONSORED OR STORAGE-LIMITED RESERVOIRS › Section 297.31 - Use Other Than Domestic or Livestock

Current through Reg. 49, No. 28; July 12, 2024
A person desiring to divert state water for other than
					 domestic and livestock uses from a reservoir constructed by the federal
					 government for which no local sponsor has been designated nor permit issued or
					 a reservoir permitted for storage solely for the purpose of optimum development
					 of the project shall make application for a permit pursuant to the Texas Water
					 Code, §
										11.124.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter D - DIVERSION FROM UNSPONSORED OR STORAGE-LIMITED RESERVOIRS › Section 297.32 - Domestic or Livestock Use

Current through Reg. 49, No. 28; July 12, 2024
A person seeking permission to use state water for domestic
					 or livestock use from a reservoir constructed by the federal government for
					 which no local sponsor has been designated nor permit issued or a reservoir
					 permitted for storage solely for the purpose of optimum development of the
					 project issued shall apply for authorization. If a request for domestic use is
					 received, and upon investigation it is determined that an existing water supply
					 system is reasonably available to the property, the request shall be denied. In
					 considering the quantity of water to be used for domestic use, the commission
					 will apply a standard of 125 gallons per capita per day unless persuasive
					 reasons for a different daily allocation exist. See §
										295.81 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 E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.41 - General Approval Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as otherwise provided by this chapter, the commission shall grant an
				  application for a water right only if:
(1) the
				  application conforms to the requirements prescribed by Chapter 295 of this
				  title (relating to Water Rights, Procedural) and is accompanied by the
				  prescribed fee;
(2) unappropriated
				  water is available in the source of supply;
(3) the proposed appropriation:
(A) is intended for a beneficial
				  use;
(B) does not impair existing
				  water rights or vested riparian rights;
(C) is not detrimental to the public
				  welfare;
(D) considers any
				  applicable environmental flow standards established under Texas Water Code
				  (TWC), §11.1471 and, if applicable, the assessments performed under TWC,
				  §§11.147(d) and (e), and 11.150 - 11.152; and
(E) addresses a water supply need in a manner
				  that is consistent with the state water plan and the relevant approved regional
				  water plan for any area in which the proposed appropriation is located, unless
				  the commission determines that new, changed, or unaccounted for conditions
				  warrant waiver of this requirement;
(4) the applicant has provided evidence that
				  reasonable diligence will be used to avoid waste and achieve water conservation
				  as defined by §
											297.1 of
				  this title (relating to Definitions); and
(5) the applicant has completed and returned
				  all Texas Water Development Board surveys of groundwater and surface water use
				  required since September 1, 2001 under TWC, §16.012.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.43 - Beneficial Uses

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent
				  that State water has not been set aside by the commission under Texas Water
				  Code (TWC), §11.1471(a)(2), to meet downstream instream flow needs or
				  freshwater inflow needs, State water may be appropriated, stored, or diverted
				  for the following purposes of use:
(1)
				  domestic and municipal;
(2)
				  industrial;
(3)
				  agriculture;
(4) mining and the
				  recovery of minerals;
(5)
				  hydroelectric power;
(6)
				  navigation;
(7) recreation and
				  pleasure;
(8) public
				  parks;
(9) game
				  preserves;
(10) recharge into an
				  aquifer underlying this state other than an aquifer described under subsection
				  (b) of this section through surface infiltration or an aquifer recharge project
				  as defined by TWC, §27.201; and
(11) other beneficial purposes of use
				  recognized by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.44 - Subject to Prior and Superior Water Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of
				  this section, a certificate of adjudication, permit, certified filing or
				  unadjudicated claim to appropriate state water is subject to all prior and
				  vested riparian rights of others using water on the stream or other source of
				  supply.
(b) Except for water rights
				  granted on the mainstem of the Rio Grande below the Amistad Reservoir (see,
				  generally, Chapter 303 of this title relating to Operation of the Rio Grande)
				  and certain uses exempt from permitting under Texas Water Code §§
										11.142,
				  11.1421
				  and
				  11.1422
				  (see, generally, Subchapter C of this Chapter), as between appropriators, first
				  in time is first in right.
(c) The
				  time priority of an appropriation of water dates from the filing of the related
				  application with the commission or as determined with a final decree in
				  accordance with Texas Water Code §
										11.323.
				  The application is considered filed after the application has been declared
				  administratively complete in accordance with §
										281.17
				  of this title (relating to Notice of Receipt of Application and Declaration of
				  Administrative Completeness) and filed with the chief clerk.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.45 - "No Injury" Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) The granting of
				  an application for a new water right or an amended water right shall not cause
				  an adverse impact to an existing water right as provided by this section. An
				  application for an amendment to a water right requesting an increase in the
				  appropriative amount, a change in the point of diversion or return flow, an
				  increase in the consumptive use of the water based upon a comparison between
				  the full, legal exercise of the existing water right with the proposed amended
				  right, an increase in the rate of diversion, or a change from the direct
				  diversion of water to on-channel storage shall not be granted unless the
				  commission determines that such amended water right shall not cause adverse
				  impact to the uses of other appropriators. For the purposes of this section,
				  adverse impact to another appropriator includes: the possibility of depriving
				  an appropriator of the equivalent quantity or quality of water that was
				  available with the full, legal exercise of the existing water right before the
				  change; increasing an appropriator's legal obligation to a senior water right
				  holder; or otherwise substantially affecting the continuation of stream
				  conditions as they would exist with the full, legal exercise of the existing
				  water right at the time of the appropriator's water right was
				  granted.
(b) Subject to meeting all
				  other applicable requirements for an application to amend an existing water
				  right, an amendment to a water right, except for the increase in the
				  appropriative amount or diversion rate, shall be approved as provided by Texas
				  Water Code §
										11.122(b)
				  if the requested change will not cause such adverse impact on other water right
				  holders or the environment of the stream of greater magnitude than under
				  circumstances in which the water right being sought for amendment was fully
				  exercised according to its terms and conditions as they existed prior to the
				  amendment.
(c) If it is determined
				  that a proposed amendment for a change in the diversion point may adversely
				  affect existing water rights, the amendment, if approved, shall be subordinate
				  only to such affected water rights and the amended water right shall otherwise
				  retain its priority date.
(d) The
				  burden of proving that no adverse impact to other water right holders or the
				  environment will result from the approval of the application is on the
				  applicant.
(e) In granting an
				  application, the commission may direct that stream flow restrictions, return
				  flows, and other conditions and restrictions be placed in the permit being
				  issued to protect senior water rights.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.46 - Consideration of Public Welfare

Current through Reg. 49, No. 28; July 12, 2024
The commission may grant an application for a new or
					 amended water right only if it finds that it would not be detrimental to the
					 public welfare. For purposes of public welfare findings made under this
					 section, the commission may consider only factors that are within the
					 commission's jurisdiction and expertise as established in Texas Water Code,
					 Chapter 11.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.47 - Impacts on Groundwater

Current through Reg. 49, No. 28; July 12, 2024
(a) In its
				  review and action on an application for a new or amended water right, the
				  commission shall consider the hydrological connection between surface and
				  groundwater and the effects, if any, from the granting of the application on
				  groundwater use, quality, or recharge. In its assessment, the commission shall
				  consider whether the proposed diversion is from a stream that provides
				  significant recharge to a "sole source" aquifer as designated under the federal
				  Safe Drinking Water Act, an aquifer for which there is a certified groundwater
				  management plan under Texas Water Code Chapter 36, or an aquifer that is
				  located within all or part of a priority groundwater management area designated
				  under Texas Water Code Chapter 35.
(b) If the commission determines that the
				  granting of an application for a new or amended water right would significantly
				  impair existing uses of groundwater, groundwater quality, or springflow upon
				  which existing surface rights, water quality, aquatic and wildlife habitat, or
				  bays and estuaries depend, the commission may deny the application or place
				  restrictions and limitations in the water right necessary to prevent or
				  mitigate such impacts.
(c) In
				  determining the extent of the protection to be provided in a proposed new or
				  amended water right to existing downstream water rights or environmental water
				  needs, the commission may take into consideration instream losses because of
				  recharge occurring in the bed of the stream downstream of the proposed
				  diversion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.48 - Waste Prevention

Current through Reg. 49, No. 28; July 12, 2024
(a) The waste
				  of water is prohibited and is an unlawful use of state water. A water right
				  holder using state water shall use those measures necessary to ensure the
				  beneficial use of water without waste in accordance with these rules and the
				  terms and conditions of the water right and applicable law.
(b) The use of that amount of water in excess
				  of that which is economically reasonable for an authorized purpose when
				  reasonable intelligence and reasonable diligence are used in applying the water
				  to that purpose constitutes waste. Waste also includes the diversion or use of
				  water in any manner that causes or threatens to cause pollution of water in
				  violation of applicable rules and standards.
(c) A person who permits an unreasonable loss
				  of water through faulty design or negligent operation of any waterworks commits
				  waste, and the commission may declare the waste to be a public nuisance. Faulty
				  design or negligent operation shall include, but not be limited to, the design
				  or operation of waterworks not in accordance with applicable state or federal
				  law, commission rules, plumbing fixture codes or ordinances, or other
				  applicable law or, in the absence of such law, not in accordance with commonly
				  accepted industry standards, engineering principles, and best management
				  practices.
(d) The commission or a
				  person injured by the waste of water as provided by subsection (c) of this
				  section may seek civil action in the appropriate state district court to have
				  the nuisance abated and the commission may direct the person supplying the
				  water to close the gates of the person wasting the water and keep them closed
				  until the commission determines that the unlawful use of water is
				  corrected.
(e) The right to
				  appropriate that amount of water not beneficially used cannot be perfected and
				  is subject to limitation, cancellation, or forfeiture as provided by
				  law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.49 - Return and Surplus Waters

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  right to take and use water is limited to the extent and purposes authorized in
				  the water right. Except as specifically provided otherwise in the water right,
				  state water appropriated under a water right may be beneficially used and
				  reused by the water right holder in accordance with the water right prior to
				  its release into a watercourse or stream. Once water has been diverted under a
				  water right and then returned to a watercourse or stream, however, it is
				  considered surplus water and, therefore, subject to maintaining instream uses,
				  beneficial inflows to bays and estuaries, or appropriation by others unless
				  expressly provided otherwise in the water right.
(b) A person who takes or diverts water from
				  a watercourse or stream shall conduct surplus water back to the watercourse or
				  stream from which it was taken if the water can be returned by gravity flow and
				  it is reasonably practicable to do so. In addition, the commission may include
				  in the water right a specific amount or percentage of water diverted to be
				  returned and the return point on the stream or watercourse, if necessary to
				  protect senior downstream water rights or to provide flows for instream uses
				  and bays and estuaries.
(c) Return
				  waters must meet water quality standards provided by Chapter 307 of this title
				  (relating to Texas Surface Water Quality Standards) prior to their discharge
				  into water in the state. Additionally, such discharge shall not impair an
				  existing or potential beneficial use of groundwater as to its water quality.
				  Nothing in this chapter affects the obligation to obtain a permit under Texas
				  Water Code Chapter 26, if required.
(d) Water appropriated under a water right
				  that is recirculated within a reservoir for cooling purposes shall not be
				  considered to be surplus for purposes of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.50 - Consideration of Water Conservation Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Information in the water conservation
				  plan provided by a water right applicant shall be considered by the commission
				  in determining whether any practicable alternative to the requested
				  appropriation exists, whether the requested amount of appropriation as measured
				  at the point of diversion is reasonable and necessary for the proposed use, the
				  term and other conditions of the water right, and to ensure that reasonable
				  diligence will be used to avoid waste and achieve water conservation. Based
				  upon its review, the commission shall determine whether to deny or grant, in
				  whole or in part, the requested appropriation.
(b) A water conservation plan submitted with
				  an application requesting an appropriation for new or additional state water
				  must include data and information which:
(1)
				  supports the applicant's proposed use of water with consideration of the water
				  conservation goals of the water conservation plan;
(2) evaluates conservation as an alternative
				  to the proposed appropriation; and
(3) evaluates other feasible alternatives to
				  new water development, including but not limited to, waste prevention,
				  recycling and reuse, water transfer and marketing, reservoir system operations,
				  and optimum water management practices and procedures. It shall be the burden
				  of proof of the applicant to demonstrate that the requested amount of
				  appropriation is necessary and reasonable for the proposed use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.51 - Time Limitations for Commencement or Completion of Construction

Current through Reg. 49, No. 28; July 12, 2024
When a water right is issued for appropriation by direct
					 diversion or construction, modification or repair of a storage reservoir, or
					 any work in which a time limitation is set by the water right for commencement
					 or completion of construction, a water right holder shall commence and complete
					 actual construction of the proposed facilities within the time fixed by the
					 commission. Failure to commence or complete construction within the time
					 specified in the permit or extension granted by the commission shall cause the
					 water right holder to forfeit all rights to the permit, subject to the
					 provisions of §
										295.72
					 of this title (relating to Applications for Extensions of Time) and the
					 provisions of §
										297.74
					 of this title (relating to Forfeiture and Revocation of Water
					 Right).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.52 - Suppliers of Water for Agriculture

Current through Reg. 49, No. 28; July 12, 2024
Persons supplying state water for agriculture purposes
					 shall charge the purchaser on a volumetric basis. The commission may direct
					 suppliers of state water to implement appropriate procedures for determining
					 the volume of water delivered.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.54 - Water Quality Effects

Current through Reg. 49, No. 28; July 12, 2024
(a) In its
				  consideration of an application for a new or amended water right to store, take
				  or divert water, the commission shall assess the effects, if any, of the
				  granting of the application on water quality of the stream or river to which
				  the application applies, as well as associated bays and estuaries. Assessment
				  of water quality impacts shall consider the maintenance of State of Texas
				  Surface Water Quality Standards provided by Chapter 307 of this title (relating
				  to Texas Surface Water Quality Standards) and the need for all existing
				  instream flows to be passed up to that amount necessary to maintain the water
				  quality standards for the affected stream. Such flows may also be used to
				  protect uses of existing, downstream water rights by providing water of a
				  usable quality and to provide, in part, for the protection of vested riparian
				  water rights and domestic and livestock uses.
(b) 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 Texas Water Code
				  §
										11.122(b).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.55 - Estuarine Considerations

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  its consideration of an application for a new or amended water right to store,
				  take, or divert water, the commission shall assess the effects, if any, of the
				  granting of the application on the bays and estuaries of Texas. For permits
				  issued within an area that is 200 river miles of the coast, to commence from
				  the mouth of the river thence inland, the commission shall include in the water
				  right, to the extent practicable when considering all public interests, those
				  conditions considered necessary to maintain beneficial inflows to any affected
				  bay and estuary system.
(b) For
				  purposes of making a determination under this section, the commission shall
				  consider:
(1) the need for periodic
				  freshwater inflows to supply nutrients, sediments, and modify salinity to
				  preserve the sound environment of the bay and estuary, using any available
				  information, including studies and plans specified in Texas Water Code §
											11.1491
				  and other studies considered by the commission to be reliable; together with
				  existing circumstances, natural or otherwise, that may prevent the conditions
				  imposed from producing benefits;
(2) the ecology and productivity of the
				  affected bay and estuary system;
(3) the expected effects on the public
				  welfare of not including in the water right some or all of the conditions
				  considered necessary to maintain the beneficial inflows to the affected bay or
				  estuary system;
(4) the quantity of
				  water requested and the proposed use of the water by the applicant, as well as
				  the needs of those who would be served by the applicant;
(5) the expected effects on the public
				  welfare of the failure to issue all or part of the water right being
				  considered; and
(6) the
				  declarations as to preferences for competing uses of water as found in Texas
				  Water Code §§
											11.023
				  and
				  11.024
				  as well as the policy statement in Texas Water Code §
											11.003.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.56 - Instream Uses

Current through Reg. 49, No. 28; July 12, 2024
(a) In its
				  consideration of an application for a new or amended water right to store,
				  take, or divert water, the commission shall consider the effects, if any, of
				  the granting of the application on existing instream uses of the stream or
				  river to which the application applies. In its determination of flows necessary
				  to maintain recreational and navigational flows, the commission shall consider,
				  but not be limited to, the designation of major waterways by the Texas Parks
				  and Wildlife Department in its publication entitled "An Analysis of Texas
				  Waterways" (1979), and as revised, and the definition of "navigable" stream
				  provided by Texas Natural Resources Code §
										21.001(3).
				  Additionally, flows necessary to protect a federally listed species under the
				  Endangered Species Act or other species that are considered to be of "high
				  interest" (such as state listed endangered and threatened species, self-
				  sustaining wild populations that are endemic to the affected stream or have
				  significant scientific or commercial value) shall also be protected.
(b) The assessment of and 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 Texas Water Code
				  §
										11.122(b).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.57 - Emergency Suspension of Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may review and act,
					 under Texas Water Code, §
										5.506
					 and §
										11.148,
					 and under §
										35.101
					 of this title (relating to Emergency Suspension of Permit Conditions Relating
					 to Beneficial Inflows to Affected Bays and Estuaries and Instream Uses) on a
					 petition by a water right holder for the temporary suspension of conditions in
					 the water right relating to beneficial inflows to bays and estuaries and
					 instream uses during an emergency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.58 - Accounting Water Use

Current through Reg. 49, No. 28; July 12, 2024
(a) If the use of
				  the appropriated water is authorized for multiple purposes, the water right
				  shall contain a special condition limiting the total amount of water that may
				  be actually diverted for all the purposes to the amount of the water
				  appropriated.
(b) If a water right
				  has appropriations with different priority dates, the oldest priority water
				  shall be credited against the water first used unless the water right expressly
				  provides otherwise or the water right holder requested the watermaster to count
				  the water use against the junior portion of the right.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter E - ISSUANCE AND CONDITIONS OF WATER RIGHTS › Section 297.59 - Additional Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission will incorporate into every permit or certificate of adjudication
				  any condition, restriction, limitation or provision reasonably necessary for
				  the enforcement and administration of the water laws of the state and the rules
				  of the commission.
(b) All dams
				  proposed for authorization by the commission shall provide for outlets of size
				  and location sufficient to pass such flows of water 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, water quality, and estuarine inflow requirements.
(c) Acceptance of the water right by the
				  water rights holder will be an acknowledgment and agreement that the holder
				  will comply with all the terms, provisions, conditions, limitations and
				  restrictions embodied in such water right. The exercise of rights under a
				  permit authorizing the inundation or installation of a structure upon the land
				  of another will be conditioned upon the continued effectiveness of an easement
				  or agreement between the parties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter F - AMENDMENTS TO WATER RIGHTS; CORRECTIONS TO WATER RIGHTS › Section 297.61 - Amendments by Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) On
				  the petition of the executive director, the commission may amend a permit,
				  certified filing, or certificate of adjudication in order to:
(1) protect superior and senior water rights
				  in the river basin, or in the case of transwatershed diversions of water, in
				  the basin of origin;
(2) provide a
				  reasonable means for the enforcement of the terms, conditions, provisions, and
				  limitations contained in the water right;
(3) provide for the keeping and reporting of
				  information and measurements in connection with the use of water;
(4) provide a reasonable means for the
				  enforcement of applicable law;
(5)
				  correct errors inadvertently made in the preparation of a water right, such as
				  in the name of the water right holder, boundary description, or other detail
				  incorrectly transcribed; or
(6)
				  cure ambiguities or ineffective provisions in a water right.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter G - CANCELLATION, REVOCATION, ABANDONMENT, AND FORFEITURE OF WATER RIGHTS › Section 297.71 - Cancellation in Whole or in Part

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided by subsection (b) of this section, if all or part of a water
				  right has not been put to beneficial use during a consecutive ten-year period,
				  such water right is subject to cancellation in whole or in part as provided by
				  this subchapter.
(b) A water right
				  is not subject to cancellation as provided by subsection (a) of this section to
				  the extent that such nonuse is the result of:
(1) the water right holder's participation in
				  the Conservation Reserve Program authorized by
				  16 United States Code,
				  §§3831 - 3836, Food Security Act of
				  1985 or a similar governmental program;
(2) a significant portion of the water right
				  has been used in accordance with a specific recommendation for meeting a water
				  need included in the applicable regional water plan approved under Texas Water
				  Code (TWC), §16.053;
(3) the
				  deposit of the water right in the Water Trust for the maintenance of
				  environmental flow needs in accordance with TWC, §15.7031;
(4) the deposit of the water right in the
				  Texas Water Bank and the water right is protected from cancellation in
				  accordance with TWC, §15.703;
(5) the water right was obtained to meet
				  demonstrated long-term public water supply or electric generation needs as
				  evidenced by a water management plan developed by the water right holder, and
				  the water right is consistent with projections of future water needs contained
				  in the state water plan;
(6) the
				  water right was obtained as the result of the construction of a reservoir
				  funded, in whole or in part, by the holder of the water right, as part of the
				  water right holder's long-term water planning; or
(7) the implementation of water conservation
				  measures under a water conservation plan submitted by the holder of the permit,
				  certified filing, or certificate of adjudication as evidenced by implementation
				  reports submitted by the holder.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter G - CANCELLATION, REVOCATION, ABANDONMENT, AND FORFEITURE OF WATER RIGHTS › Section 297.72 - Notice and Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) When commission
				  records show that all or part of a water right has not been used during the
				  past ten years, the executive director may file a petition with the commission
				  for a hearing before the commission to show cause why the water right should
				  not be canceled. Except as specifically provided otherwise by this Subchapter,
				  such proceedings shall be held in accordance with the general hearing
				  provisions of Chapter 50 of this title (relating to Action on Applications) of
				  the commission rules.
(b) At least
				  45 days before the date of the hearing, the commission shall send notice of the
				  petition and hearing to the affected water right holder. Notice shall be sent
				  by registered mail, return receipt requested, to the last address shown by the
				  records of the commission. The commission shall also send notice by regular
				  mail to all water right holders in the same watershed.
(c) The commission shall also have the notice
				  of the hearing published once a week for two consecutive weeks, at least thirty
				  (30) days before the date of the hearing, in a newspaper published in each
				  county in which the diversion of water from the source of supply was authorized
				  or proposed to be used, as shown by the records of the commission. If in any
				  such county no newspaper is published, then the notice may be published in a
				  newspaper having general circulation in the county.
(d) Except as provided by subsection (e) of
				  this section, the commission shall hold a hearing and shall give the affected
				  water right holder and other interested persons an opportunity to be heard and
				  to present evidence on any matter pertinent to the questions at
				  issue.
(e) A hearing on the
				  cancellation of the water right is unnecessary if the right to such hearing is
				  expressly waived by the affected water right holder.
(f) A water right for a term does not vest in
				  the water right holder any right to the diversion, impoundment, storage, taking
				  or use of water for longer than the term of the water right and shall expire
				  and be canceled in accordance with its terms without further need for notice or
				  hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter G - CANCELLATION, REVOCATION, ABANDONMENT, AND FORFEITURE OF WATER RIGHTS › Section 297.73 - Commission Finding; Action

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				  the conclusion of the hearing, the commission shall cancel the water right in
				  whole or in part to the extent that it finds that:
(1) the water or any portion of the water
				  under the water right has not been put to an authorized beneficial use during
				  the ten-year period; and
(2) the
				  water right holder has not used reasonable diligence in applying the water or
				  the unused portion of the water to an authorized beneficial use or is otherwise
				  unjustified in the nonuse as provided by subsection (b) of this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter G - CANCELLATION, REVOCATION, ABANDONMENT, AND FORFEITURE OF WATER RIGHTS › Section 297.74 - Forfeiture and Revocation of Water Right

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A water right may be forfeited for failure to timely commence or complete
				  construction of the diversion facilities as provided by §
										295.72
				  of this title (relating to Applications for Extension of Time).
(b) A temporary or term permit may be revoked
				  or suspended upon written or verbal notice by the executive director or
				  watermaster, as applicable, without hearing if necessary to protect senior and
				  vested water rights or instream uses and freshwater inflow needs for bays and
				  estuaries. Notice of such revocation shall also be provided to the affected
				  water right holder by registered mail, return receipt requested.
(c) Authorization to divert water from a
				  reservoir constructed by the federal government for which no local sponsor has
				  been designated nor permit issued or a reservoir permitted for storage solely
				  for the purpose of optimum development of the project may be revoked when
				  compliance with the conditions contained in the letter authorizing the
				  diversion of water is not occurring or, in the case of authorized diversions
				  for domestic use, water becomes reasonably available through a water supply
				  system. Revocation shall be made by a letter setting forth the basis of the
				  revocation signed by a commissioner. Upon receipt of the letter, the user shall
				  cease diverting water and remove diversion facilities.
(d) 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 297 - WATER RIGHTS, SUBSTANTIVE › Subchapter G - CANCELLATION, REVOCATION, ABANDONMENT, AND FORFEITURE OF WATER RIGHTS › Section 297.75 - Abandonment of Water Right

Current through Reg. 49, No. 28; July 12, 2024
(a) A water
				  right shall be determined to have been abandoned if the water right holder:
(1) has the intent to knowingly relinquish
				  the water right; and
(2) the water
				  right has not been used for a consecutive three-year period or more.
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 297.81 - General Rules of Conveyance

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, the right to use water for the
				  purpose of irrigation is appurtenant to the land authorized to be irrigated,
				  and a conveyance of land with an appurtenant water right also conveys the water
				  right unless expressly reserved or excepted; provided, however, that if the
				  water right has been granted for the irrigation of land not owned by the
				  applicant, such a water right is personal to the permittee and does not pass
				  with a conveyance of the land.
(b)
				  A water right does not attach to the irrigated land when held by a water
				  corporation, water district, river authority, or governmental entity authorized
				  to supply water to others. Only by express written conveyance can such a water
				  right be transferred. The foregoing is subject to all laws relating to lawful
				  rights of owners along ditches and canals.
(c) If a landowner reserves a water right in
				  a conveyance of land authorized to be irrigated and desires to change the place
				  of use, the point of diversion, or the purpose of use, an application to amend
				  the water right must be filed with the executive director as provided by §
										295.71
				  of this title (relating to Applications To Amend a Permit).
(d) A water right may be conveyed separately
				  from the land; provided, however, the water right must be utilized in
				  accordance with its terms and conditions until amended by the
				  commission.