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 297.16 - Conveyance of Water Down Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A person who wishes to discharge treated wastewater derived from privately
				  owned groundwater into a stream or other state watercourse and then
				  subsequently divert and reuse such water must obtain prior authorization from
				  the commission for the discharge, conveyance and diversion of this water. The
				  authorization may allow for the diversion by the discharger of existing
				  discharges, less carriage losses, and shall be subject to special conditions if
				  necessary to protect an existing water right that was granted based on the use
				  or availability of these discharges. Special conditions may also be included in
				  the permit to help maintain instream uses and freshwater inflows to bays and
				  estuaries. A person wishing to divert and reuse future increases of discharged
				  wastewater derived from privately owned groundwater must obtain authorization
				  to divert and reuse such increases in discharges before the increase
				  occurs.
(b) Except as provided by
				  Subchapter I of this chapter (relating to Conveying Stored Water) for the
				  conveyance of stored or conserved water, a person who wishes to convey and
				  subsequently divert water in a watercourse or stream must obtain the prior
				  approval of the commission through a bed and banks authorization. The
				  authorization shall allow to be diverted only the amount of water put into a
				  watercourse or stream, less carriage losses and subject to any special
				  conditions that may address the impact of the discharge, conveyance, and
				  diversion on existing water rights, instream uses, and freshwater inflows to
				  bays and estuaries.
(c) Water
				  discharged into a watercourse or stream under this section shall not cause a
				  degradation of water quality as provided by §
										307.5
				  of this title (relating to Antidegradation). Authorizations under this section
				  and water quality authorizations may be approved in a consolidated permit
				  proceeding. Nothing in this chapter affects the obligation to obtain and comply
				  with a permit under Texas Water Code, Chapter 26 or other applicable
				  law.
(d) With prior authorization,
				  a person, association of persons, corporation, water control and improvement
				  district, or irrigation district supplying water imported from a source located
				  wholly outside the boundaries of this state, except water imported from a
				  source located in the United Mexican States, may use the bed and banks of any
				  flowing natural stream in the state to convey water for use in this state. The
				  authorization must:
(1) allow for the
				  diversion of only the amount of water put into a watercourse or stream, less
				  carriage losses; and
(2) include
				  special conditions adequate to prevent a significant impact to the quality of
				  water in this state.