Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.13 - Interbasin Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
					 seeking to transfer state water from one basin to another basin shall so state
					 in the application. 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 (TWC), §16.051. The application content requirements contained in
					 this chapter for a new or amended water right, as applicable, shall apply to
					 all applications for an interbasin transfer unless otherwise
					 provided.
(b) In addition to the
					 application requirements for a new or amended water right contained in this
					 chapter, the application must also include the following unless exempted by
					 subsection (c) of this section:
(1) the
					 contract price of the water to be transferred;
(2) a statement of each general category of
					 proposed use of the water to be transferred and a detailed description of the
					 proposed uses and users under each category;
(3) the cost of diverting, conveying,
					 distributing, and supplying the water to, and treating the water for, the
					 proposed users;
(4) an analysis of
					 whether and to what extent there is the need for the water in the basin of
					 origin and in the proposed receiving basin based upon the period for which the
					 transfer is requested, but not to exceed 50 years;
(5) factors identified in the applicable
					 approved regional water plans which address the following (Regional water
					 management plans must be submitted to the Texas Water Development Board for
					 review and approval not later than September 1, 2000. If applicable approved
					 regional water management plans do not exist at the time the application is
					 submitted, the following information under this paragraph is not required to be
					 submitted.):
(A) an analysis of the
					 availability of feasible and practicable alternative supplies in the receiving
					 basin for which the water is needed;
(B) the amount and purposes of use in the
					 receiving basin for which the water is needed;
(C) the proposed methods and efforts by the
					 receiving basin to avoid waste and implement water conservation and drought
					 contingency measures;
(D) the
					 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 that must be assessed under TWC, §§11.147, 11.150, and
					 11.152 and related commission rules contained in §§
													297.49-
					 297.52
					 of this title (relating to Return and Surplus Waters; Consideration of Water
					 Conservation Plans; Time Limitations for Commencement or Completion of
					 Construction; and Suppliers of Water for Agriculture) in each basin. If the
					 water sought to be transferred is currently authorized to be used under an
					 existing water right, such impacts shall only be considered in relation to that
					 portion of the water right proposed for transfer and shall be based on
					 historical uses of the water right for which amendment is sought;
(6) proposed mitigation or
					 compensation, if any, to the basin of origin by the applicant;
(7) 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 being sought; and
(8) any other related information the
					 executive director or commission may require to review the application to make
					 recommendation or determine, as applicable, whether it meets all applicable
					 requirements of the TWC or other applicable law.