reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.75 - Requirements for an Application to Convey Water-in-Transit in the Bed and Banks of the Rio Grande

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to provide the application content requirements for a bed and
				  banks permit authorization for water-in-transit in the Rio Grande under Texas
				  Water Code, §
										11.3271.
(b) A person who intends to discharge private
				  water that originates from an underground reservoir into the Rio Grande and
				  wishes to divert and use the discharged water must submit an application to the
				  commission containing the following information:
(1) the name, mailing address, and telephone
				  number of the applicant;
(2) the
				  location(s) of the proposed groundwater reservoir from which the water will
				  originate identified on a United States Geological Survey (USGS) 7.5 minute
				  topographical map(s);
(3) the
				  location(s) of the point of the proposed discharge(s) into the Rio Grande and
				  diversion(s) as identified on a USGS 7.5 minute topographical map(s);
(4) the appropriate ownership or lease
				  documents evidencing applicant's authority to develop the proposed
				  project;
(5) the source, including
				  a hydrological determination regarding any interaction between the groundwater
				  source and state waters, amount, and rates of the proposed discharge and
				  diversion;
(6) a description of the
				  quality of the water proposed to be discharged and a description of the Rio
				  Grande water quality at the proposed discharge point with documentation that
				  the discharge will not degrade the Rio Grande;
(7) the date of the proposed discharge of the
				  groundwater into the Rio Grande;
(8) an analysis of the amount of water that
				  will be lost under differing flow regimes to transportation, evaporation,
				  seepage, channel, treaty accounting, or other associated losses for each reach
				  of the Rio Grande from the point of discharge to Amistad or Falcon Reservoir,
				  including losses associated with storage in these reservoirs, and carriage
				  losses from these reservoirs to the point of diversion. The losses shall be
				  quantified for each reach of the Rio Grande below Amistad Reservoir as listed
				  in §
											303.2 of
				  this title (relating to Definitions) and for the appropriate reaches above
				  Amistad Reservoir;
(9) the maximum
				  amount of water which may be stored in Amistad and/or Falcon Reservoir;
				  and
(10) any other information the
				  executive director may need to complete an analysis of the
				  application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.76 - Use of Forms

Current through Reg. 49, No. 28; July 12, 2024
The executive director will furnish, without charge, forms
					 and instructions for preparing an application. The use of such forms is not
					 mandatory, but the information required by such forms must be provided.
					 Supplements may be attached if there is not sufficient space on the printed
					 form. If supplements are used, the data and information entered on the form
					 must be separated into paragraphs numbered to correspond with those on the
					 printed form. A supplement explaining the project and planned operation may be
					 attached to an application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.77 - Preparation of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  applications must be typewritten or printed legibly in ink. Illegible
				  applications will be returned to the applicant.
(b) Applicants will be notified if additional
				  information is needed to process an application.
(c) Upon express written or verbal approval
				  of the applicant or the applicant's agent, any employee of the commission may
				  make non-substantive changes in any documents submitted by the
				  applicant.
(d) Substantive changes
				  in an application may be made only by the applicant or the applicant's agent
				  who submitted the application and only in the form of a written, notarized
				  amendment to the application signed by the proper person; provided, however,
				  that no substantive changes may be made after an application has been filed
				  with the chief clerk by the executive director.
(e) The executive director shall file the
				  application with the chief clerk once the application has been determined to be
				  administratively complete.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.78 - Name and Address

Current through Reg. 49, No. 28; July 12, 2024
(a) Each applicant
				  must provide its full name, post-office address, telephone number, and social
				  security or federal identification number.
(b) If the applicant is a partnership, it
				  must be designated by the firm name followed by the words "a
				  partnership."
(c) If the applicant
				  is acting as trustee for another, it must be designated by the trustee's name
				  followed by the word "trustee."
(d)
				  If one other than the named applicant executes the application, the name,
				  position, post-office address, and telephone number of the person executing the
				  application must be given.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.79 - Source of Supply

Current through Reg. 49, No. 28; July 12, 2024
The applicant must clearly state the name and location of
					 the underground reservoir from which the water will originate. If the source
					 has no name, it may be designated as "an unnamed reservoir."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.80 - Amount of Discharge and Diversion

Current through Reg. 49, No. 28; July 12, 2024
The total amount of water to be discharged and diverted
					 must be stated in cubic feet per second and acre-feet
					 annually.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.81 - Rate and Method of Diversion

Current through Reg. 49, No. 28; July 12, 2024
The application must:
(1) include the maximum rate of diversion for
				  each diversion point in gallons per minute or cubic feet per second;
(2) describe the method to be used as
				  portable pump, stationary pump, or gravity flow;
(3) include the location of point(s) of
				  discharge and diversion. These locations must also be shown on the application
				  maps with reference to a corner of an original land survey and/or other survey
				  point of record, giving both course and distance; and
(4) include the distance and direction from
				  the nearest county seat or town.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.82 - Signature of Applicant

Current through Reg. 49, No. 28; July 12, 2024
The application must be signed as follows.
(1) If the applicant is an individual, the
				  application must be signed by the applicant or the applicant's duly appointed
				  agent. An agent must provide written evidence with the application of his or
				  her authority to represent the applicant. If the applicant is an individual
				  doing business under an assumed name, the applicant must attach to the
				  application an assumed name certificate from the county clerk of the county in
				  which the principal place of business is located.
(2) A joint application must be signed by
				  each applicant or each applicant's duly authorized agent, with written evidence
				  of such agency to be submitted with the application. If land is owned by both
				  husband and wife, each must sign the application. Joint applicants must select
				  one among them to act for and represent the others in pursuing the application
				  with the commission, with written evidence of such representation to be
				  submitted with the application.
(3)
				  If the application is by a partnership, the application must be signed by one
				  of the general partners. If the applicant is a partnership doing business under
				  an assumed name, it must attach to the application an assumed name certificate
				  from the county clerk of the county in which the principal place of business is
				  located.
(4) If the applicant is an
				  estate or guardianship, the application must be signed by the duly appointed
				  guardian or representative of the estate, and a current copy of the letters
				  issued by the court must be attached to the application.
(5) If the applicant is a corporation, public
				  district, county, municipality, or other corporate entity, the application must
				  be signed by a duly authorized official. Written evidence in the form of
				  by-laws, charters, or resolutions which specify the authority of the official
				  to take such action must be submitted. A corporation may file a corporate
				  affidavit as evidence of the official's authority to sign.
(6) If the applicant is acting as trustee for
				  another, the applicant must sign as trustee, and in the application must
				  disclose the nature of the trust agreement and give the name and current
				  address of each trust beneficiary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.83 - Sworn Application Required

Current through Reg. 49, No. 28; July 12, 2024
Each applicant must subscribe and swear to the application
					 before any person entitled to administer oaths, who must also sign his or her
					 name and affix his or her seal of office to the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.84 - Consistency With State And Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
An application must contain information describing how it
					 addresses a water supply need in a manner that is consistent with the state
					 water plan or the applicable approved regional water plan for any area in which
					 the proposed appropriation is located or, in the alternative, describe
					 conditions that warrant a waiver of this requirement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.85 - Fees for Filing an Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Fees. Statutory fees must accompany an application in order for it to be
				  considered by the commission. The executive director's staff are expressly
				  prohibited from processing any application unless the proper fees are tendered.
				  The executive director shall charge and collect for the benefit of the state
				  the applicable fees, and it shall be his duty to make a record at the time same
				  becomes due and to render an account to the party charged. Each fee is a
				  separate charge and is in addition to other fees, unless provided
				  otherwise.
(b) Filing, recording,
				  and notice fees. The following fees must be submitted with any application for
				  a water-in-transit permit or any application for an amendment to a
				  water-in-transit permit.
(1) Application
				  filing fees are established as follows.
(A)
				  Fees for a water-in-transit permit application must be based upon the total
				  amount of water requested to be discharged for transit as follows:
(i) less than 100 acre-feet - $100;
(ii) 100 - 5,000 acre-feet - $250;
(iii) 5,001 - 10,000 acre-feet -
				  $500;
(iv) 10,001 - 250,000
				  acre-feet - $1,000; and
(v) greater
				  than 250,000 acre-feet - $2,000.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.86 - Notice Requirements for Water-in-Transit Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time an application for a
				  water-in-transit permit has been filed by the executive director with the chief
				  clerk, the commission shall give notice by mail to those persons specified in
				  subsection (d) of this section. At such time, the chief clerk shall furnish a
				  copy of the notice to the applicant, and the applicant must publish notice,
				  pursuant to subsection (c) of this section.
(b) A notice of application and commission
				  action must:
(1) include the name and address
				  of the applicant;
(2) include the
				  date on which the application was received by the commission;
(3) include the date the application was
				  filed by the executive director with the chief clerk;
(4) include that the executive director has
				  determined that the application is administratively complete;
(5) include the application number;
(6) include the type of permit the applicant
				  is seeking;
(7) include the purpose
				  and extent of the proposed transfer of water;
(8) identify the source of supply, place of
				  discharge, and the place where the water is to be diverted;
(9) specify the time and location where the
				  commission will consider the application;
(10) identify all potentially affected
				  groundwater districts;
(11) give
				  any additional information the executive director considers
				  necessary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.87 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
A hearing on an application may be held without the
					 necessity of issuing further notice other than advising the applicant,
					 executive director, public interest counsel, all hearing requestors, and all
					 persons who have in writing notified the commission of their interest in the
					 application of the time and place where the hearing is to convene. The chief
					 clerk will mail such notice to these persons not less than 30 days before the
					 date of the hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.88 - Request for Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
A request for public hearing on an application for a
					 water-in-transit permit or amendment is governed by Chapter 55, Subchapter G of
					 this title (relating to Requests for Contested Case Hearing and Public Comment
					 on Certain Applications).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.89 - Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
The commission may conduct a public hearing as provided by
					 in Chapter 80 of this title (relating to Contested Case
					 Hearings).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter I - RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.90 - Action on Application Without Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
If no hearing requests are filed as provided for in §
										303.88
					 of this title (relating to Request for Public Hearing) the executive director
					 may issue the permit if the requirements of Chapter 50 of this title (relating
					 to Action on Applications and Other Authorizations) are met.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter J - ADMINISTRATION OF RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.91 - Water-in-Transit Permit Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to provide the administrative
				  responsibilities of the watermaster regarding any water-in-transit
				  permits.
(b) Storage and losses.
				  For the purpose of establishing accounts in Amistad and Falcon Reservoirs, the
				  two reservoirs are considered to constitute a single storage system.
(1) The watermaster shall establish an
				  account of water stored in the Amistad - Falcon system for these
				  water-in-transit permits only if there is storage space available in the
				  reservoirs.
(2) The water stored
				  shall be based upon the amount of water discharged into the Rio Grande minus
				  appropriate losses to either Falcon or Amistad Reservoir.
(3) All associated losses will be calculated
				  by the method specified in the permit. The water-in-transit storage accounts
				  shall be subject to reductions as determined by the watermaster to cover losses
				  while water is in storage. Any water diverted downstream from water released
				  from these accounts will be reduced by the appropriate losses, including
				  conveyance losses, from either Falcon or Amistad Reservoir. These losses will
				  also be calculated by the method specified in the permit and by the 1944
				  Treaty.
(4) If and when Rio Grande
				  treaty inflows to the reservoirs reach the point where the storage space
				  occupied by the transit water authorized by these permits is required to store
				  these inflows, the transit water accounts will be reduced or eliminated on a
				  priority date basis to enable these inflows to be stored. Water lost due to
				  storage space limitations will not be restored by the watermaster.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter J - ADMINISTRATION OF RIO GRANDE BED AND BANKS PERMITS FOR WATER-IN-TRANSIT › Section 303.92 - Appeal of Watermaster Actions

Current through Reg. 49, No. 28; July 12, 2024
Any person dissatisfied with any action of a watermaster
					 may apply to the executive director for relief under Texas Water Code, §
										11.326.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 303 - OPERATION OF THE RIO GRANDE › Subchapter K - FILING CERTIFIED COPIES OF INSTRUMENTS WITH THE WATERMASTER › Section 303.93 - Filing Certified Copies of Instruments with the Watermaster

Current through Reg. 49, No. 28; July 12, 2024
(a) Certified
				  copies of all instruments required to be filed under Chapter 295, Subchapter A
				  of this title (relating to Requirements of Water Rights Applications General
				  Provisions) for permits, certified filings, or certificates of adjudication in
				  the watermaster's jurisdiction must be filed with the watermaster. Certified
				  copies of instruments not required to be submitted for permits, certified
				  filings, or certificates of adjudication in the watermaster's jurisdiction may
				  be filed with the watermaster. Documents required to be filed with the
				  watermaster under this chapter must be filed with the watermaster.
(b) Persons must file two certified copies of
				  each instrument with the watermaster.
(c) If an applicant is required to file an
				  instrument listed in subsection (a) of this section in connection with an
				  application, the applicant must also file two certified copies of the document
				  with the watermaster at the same time that the applicant files the application
				  with the executive director. For water rights which have already been issued,
				  the water right holder must file these documents as soon as possible with the
				  watermaster.
(d) For filing
				  certified copies of the instruments described in subsections (a) - (c) of this
				  section, the watermaster shall charge a fee which is identical to the fee
				  charged by the county clerk of Cameron County for recordation of similar
				  instruments.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter A - INTRODUCTORY PROVISIONS › Section 304.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Other than the Rio Grande Water Division, the provisions of
					 this chapter are applicable to each water division created by the commission or
					 watermaster program created by or under Texas Water Code, Chapter 11, each
					 watermaster appointed by the executive director under Texas Water Code, Chapter
					 11, and to all water rights, permits, authorizations, orders, and any other
					 matters related to water rights within each water division, segments of a water
					 division, or watermaster program. Water rights and matters inside the Rio
					 Grande Water Division are governed by Chapter 303 of this title (relating to
					 Operation of the Rio Grande). All other rules promulgated by the commission are
					 also applicable to the water rights subject to this chapter unless in conflict
					 with the provisions of this chapter, in which event the provisions of this
					 chapter will govern.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter A - INTRODUCTORY PROVISIONS › Section 304.2 - Appointment of Watermaster

Current through Reg. 49, No. 28; July 12, 2024
Under Texas Water Code, Chapter 11, the executive director
					 may appoint one watermaster for each water division, segment of a water
					 division, watermaster program, or the same person may be appointed watermaster
					 for two or more water divisions or segments. In a water division in which the
					 office of watermaster is vacant, the executive director has the powers of a
					 watermaster.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter B - REGULATION OF THE USE OF STATE WATER OR WATERCOURSES › Section 304.11 - Difference in Operations

Current through Reg. 49, No. 28; July 12, 2024
The executive director may establish different strategies,
					 timetables, procedures, and other requirements for different water divisions or
					 for different portions of a water division.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter B - REGULATION OF THE USE OF STATE WATER OR WATERCOURSES › Section 304.12 - Identification of Diversion Facilities, Outlet Works and Points of Return

Current through Reg. 49, No. 28; July 12, 2024
Each diverter shall advise the watermaster of all diversion
					 facilities, reservoir controlling works, and significant return flow points to
					 be employed in the use of state water or watercourses. This includes borrowed
					 and rented pumps. The watermaster shall assign an identification number for
					 each diversion facility and the controlling works of each reservoir authorized
					 under a water right within the water division. Also, the watermaster may assign
					 an identification number for any point of discharge or other point at which
					 water is returned to a watercourse or reservoir.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter B - REGULATION OF THE USE OF STATE WATER OR WATERCOURSES › Section 304.13 - Requirement for Measuring Devices

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each diverter, and each person that makes a significant return flow, shall
				  install and maintain a measuring device at such point or points as may be
				  determined by the watermaster to be necessary for proper and efficient
				  administration of water rights. All such measuring devices are subject to
				  approval of the watermaster. The measuring devices must measure within 5.0%
				  accuracy, unless otherwise approved by the watermaster. The diverter shall
				  provide reasonable access to such measuring device. The diverter, or person
				  that makes a return flow, shall be liable for all expenses incurred in the
				  acquisition, installation, maintenance, and operation of such measuring
				  devices. In the event a measuring device becomes inoperable, the diverter, or
				  person that makes a return flow, at the direction of the watermaster, shall
				  provide an alternate method of measurement, or estimation acceptable to the
				  watermaster.
(b) Unless required by
				  a permit, certificate of adjudication, or other water right, the following
				  types of diversions and return flows associated with such diversions shall be
				  exempt from the requirement to install and maintain measuring devices;
				  provided, however, that the watermaster may require any such diverter, or any
				  person making return flows, to provide an alternate method of estimating
				  diversions or return flows acceptable to the watermaster:
(1) diversions of water by spreader
				  dams;
(2) diversions of water for
				  hydroelectric generation;
(3) salt
				  water diversions;
(4) diversions of
				  water for direct input from a cooling pond or cooling reservoir into an
				  electric steam power plant for cooling purposes and return flows of such water
				  to a cooling pond;
(5) wastewater
				  effluent for which the return flow is being measured and reported in a manner
				  consistent with commission standards relative to wastewater discharge
				  regulations; and
(6) any other
				  diversion or return flow of water that the watermaster may deem
				  appropriate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter B - REGULATION OF THE USE OF STATE WATER OR WATERCOURSES › Section 304.14 - Requirement for Outlets for Passage of Water

Current through Reg. 49, No. 28; July 12, 2024
The owner of any works for the diversion or storage of
					 water shall maintain a substantial headgate at the point of diversion, or a
					 gate on each discharge pipe of a pumping plant, constructed so that it can be
					 located at the proper place by the watermaster, or a suitable outlet in a dam
					 to allow the free passage of water that the owner of the dam is not entitled to
					 divert or impound.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter B - REGULATION OF THE USE OF STATE WATER OR WATERCOURSES › Section 304.16 - Records of Diversions, Transport, Releases, and Impoundments

Current through Reg. 49, No. 28; July 12, 2024
(a) Each diverter
				  that has submitted a declaration of intent shall submit to the watermaster a
				  report including the actual amount of water diverted, transported, or released
				  during the period of the subject declaration of intent. Water right owners with
				  accounts for impoundment will submit reports of daily inflows, reservoir
				  levels, transported volumes, diversions, and releases to the watermaster. The
				  watermaster may specify a report period. The report period may be different
				  from the period of the declaration of intent. The watermaster shall provide
				  forms to be used for the reports. Each diversion or impoundment facility,
				  including borrowed and rented pumps, used during the period of the declaration
				  of intent shall be designated on the report by the identification number
				  assigned by the watermaster. Reports must be complete and signed by the
				  diverter. Reports must be received or postmarked within seven calendar days
				  from the termination of the period of the declaration of intent, or other
				  report period specified by the watermaster. If such report is incomplete or not
				  timely filed, the watermaster may cancel any existing declaration of intent for
				  that account and allow no further impoundment, transport, diversion, or
				  dedicated release until the report is properly filed.
(b) To the extent that water was available
				  for diversion during the period of a declaration of intent, the subject account
				  will be charged as follows.
(1) If the actual
				  diversion is within 10% of the amount stated in the declaration of intent, the
				  charge will be the actual amount diverted.
(2) If the actual diversion is greater than
				  110% of the amount stated in the declaration of intent, the charge will be the
				  amount actually diverted plus twice the amount greater than 110%.
(3) If the actual diversion is less than 90%
				  of the amount stated in the declaration of intent, the charge will be 90% of
				  the stated amount.
(4) For a
				  declaration of intent that was modified, including cancellation or extension,
				  the charge will consist of the sum of two parts, one for the period before
				  modification, and one for the period after modification. For each of the two
				  periods, the charge will be determined by applying paragraph (1), (2), or (3)
				  of this subsection relative to the amount declared for the particular period.
				  If a modified declaration of intent is subsequently modified further, resulting
				  in multiple parts, the procedure described in this subsection will be applied
				  to each part.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter C - ALLOCATION OF AVAILABLE WATERS › Section 304.21 - Allocation of Available Waters

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The allocation of water between water rights holders shall be on the basis of
				  seniority. The watermaster shall allocate waters in such a way as to maximize
				  the beneficial utilization of state water, to minimize the potential impairment
				  of senior water rights by the diversions of junior water rights holders, and to
				  prevent waste or use in excess of quantities to which the holders of water
				  rights are lawfully entitled.
(b)
				  The executive director may request suspension of any or all special streamflow
				  or minimum release requirements. Such a request will be considered under §
										297.57
				  of this title (relating to Emergency Suspension of Permit Conditions) or §
										297.61
				  of this title (relating to Amendments by Executive Director).
(c) When available flow is not sufficient to
				  meet the demands of existing declarations of intent for downstream senior
				  rights, demands for domestic and livestock purposes that are not included under
				  any water right, or other minimum streamflow requirements that the commission
				  determines necessary for purposes other than protection of downstream senior
				  and superior water rights, the watermaster may:
(1) cancel or modify, as needed, any existing
				  declaration of intent made under §
											304.15
				  of this title (relating to Declarations of Intent to Divert, Transport, or
				  Release Water);
(2) order that
				  water right holders with reservoir(s) allow inflows to pass through such
				  reservoir(s) to the extent necessary to honor downstream senior water rights,
				  demands for domestic and livestock purposes, minimum streamflow requirements,
				  minimum release requirements, and other conditions;
(3) order that persons with reservoirs exempt
				  from permitting under Texas Water Code, §
											11.142, allow
				  inflows to pass through such reservoirs for the protection of downstream
				  domestic and livestock users;
(4)
				  order that diverters limit or cease diversions to the extent necessary to honor
				  downstream senior water rights, demands for domestic and livestock purposes,
				  minimum streamflow requirements, minimum release requirements, and other
				  conditions; or
(5) take any other
				  action necessary to ensure that downstream senior water rights, demands for
				  domestic and livestock purposes, minimum streamflow requirements, minimum
				  release requirements, and other conditions, are administered in accordance with
				  the laws of Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 304.31 - General

Current through Reg. 49, No. 28; July 12, 2024
The watermaster or executive director may pursue
					 appropriate enforcement action when there is a violation of or failure to
					 comply with the Texas Water Code, the commission's rules, the terms of a water
					 right, authorization, or the orders issued by the commission or
					 watermaster.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 304.32 - Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) It is a
				  violation for any person to do the following:
(1) divert, transport, use, or make a
				  dedicated release of state water, either personally or through another, without
				  proper authorization under the Texas Water Code or any applicable final
				  judgment rendered by a court of competent jurisdiction, or without submitting
				  to the watermaster a declaration of intent in accordance with §
											304.15(a)
				  or (g) of this title (relating to
				  Declarations of Intent to Divert, Transport, or Release Water);
(2) impound without proper authorization
				  under the Texas Water Code or any applicable final judgment rendered by a court
				  of competent jurisdiction;
(3) fail
				  to modify a declaration of intent in advance of a desired change as provided in
				  §
											304.15(f)
				  of this title;
(4) fail to provide
				  a measuring device as required in §
											304.13
				  of this title (relating to Requirement for Measurement Devices);
(5) fail to provide an outlet as required in
				  §
											304.14
				  of this title (relating to Requirement for Outlets for Passage of
				  Water);
(6) refuse to allow, or to
				  interfere with, the inspection of any land, natural watercourse, artificial
				  waterway, impoundment, return flow point, or diversion facility by an employee
				  of the commission that would assist the commission in the discharge of its
				  duties;
(7) break, tamper with, or
				  mutilate any seal or other device used to enforce orders of the commission,
				  executive director, court, or watermaster; or
(8) fail to comply with any statute, rule, or
				  commission or watermaster order.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 304.33 - Enforcement Actions

Current through Reg. 49, No. 28; July 12, 2024
When a violation under §
										304.32 of
					 this title (relating to Violations) occurs, the watermaster or the executive
					 director may seek voluntary compliance, or may pursue appropriate enforcement
					 action. In the absence of voluntary compliance:
(1) the watermaster may refuse to recognize a
				  declaration of intent;
(2) the
				  watermaster may lock headgates or pumping facilities or take other necessary
				  actions to effectively cease diversion, impoundment, transport, or release of
				  state water under the account associated with the violation; provided, however,
				  that for violations of §
										304.32(a)(4) or
				  (5) of this title, the diverter will be given
				  at least ten days notice prior to any such action by the watermaster;
(3) the executive director may seek a hearing
				  before the commission culminating with the issuance of an appropriate order; if
				  such an order is subsequently violated, the matter may be referred to the
				  attorney general for appropriate action in a court of competent
				  jurisdiction;
(4) the executive
				  director may refer the violation to the attorney general for appropriate legal
				  remedy in a court of competent jurisdiction, which may include a penalty
				  assessment to the maximum extent allowed by law;
(5) the watermaster may issue a field
				  citation in accordance with §
										304.34
				  of this title (relating to Field Citation by Watermaster); or
(6) the executive director may seek any other
				  appropriate remedies or action available at law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter D - ENFORCEMENT REGARDING WATERMASTER OPERATIONS › Section 304.34 - Field Citation by Watermaster

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon witnessing a violation set forth in subsection (d) of this section, the
				  watermaster or the watermaster's deputy, may issue the alleged violator a field
				  citation. The field citation will allege that a violation has occurred and
				  require that the alleged violator pay the administrative penalty and take
				  remedial action as provided in the citation.
(b) The alleged violator may either pay the
				  administrative penalty assessed by the field citation without admitting or
				  denying the alleged violation or request a hearing on the alleged
				  violation.
(c) If the alleged
				  violator fails to either pay the administrative penalty or take remedial action
				  under a field citation issued under subsection (a) of this section, the
				  executive director may proceed with enforcement action in accordance with
				  Chapters 70 and 80 of this title (relating to Enforcement and Contested Case
				  Hearings).
(d) Violations for which
				  the watermaster may issue a field citation are as follows.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter E - ADMINISTRATION › Section 304.42 - Reports

Current through Reg. 49, No. 28; July 12, 2024
The watermaster shall submit an annual report to each water
					 right holder who has an account or his agent. A water right holder or agent may
					 apply in writing to the watermaster for correction of any alleged errors in the
					 report. Any such application must be received by the watermaster within 20
					 business days following the date the report from the watermaster was
					 postmarked.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter E - ADMINISTRATION › Section 304.43 - Ownership

Current through Reg. 49, No. 28; July 12, 2024
When a water right is sold or otherwise transferred, the
					 new owner shall promptly inform the executive director of the change of
					 ownership and shall provide the appropriate ownership documents. If a tract of
					 land to which a smaller water right acreage is appurtenant is owned by more
					 than one person in divided interest, the executive director may
					 administratively divide the water right among the owners on a pro rata basis by
					 acreage. If the new ownership record is not complete, the executive director
					 shall inform the alleged owner by letter that ownership documents must be filed
					 within 30 days and approved by the executive director. During a 60-day period
					 following the date of the executive director's letter, the watermaster will
					 honor declarations of intent by the alleged owner in accordance with the water
					 right. After the 60-day period, no declaration of intent will be honored until
					 the executive director notifies the watermaster of the approved change in
					 ownership. Requests for extension for the initial 60-day period must be
					 submitted in writing to the executive director at least five business days
					 prior to the end of the 60-day period. If the extension is granted, the
					 watermaster may honor declarations of intent for the alleged owner; otherwise
					 no declaration of intent from the unverified owner will be
					 honored.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter E - ADMINISTRATION › Section 304.44 - Appointment of an Agent

Current through Reg. 49, No. 28; July 12, 2024
Any person purporting to act for any water right holder, in
					 regard to diversion, transport, use, or impoundment of state water, or payment
					 of a watermaster assessment, or for a contractual buyer, in regard to
					 diversion, transport, use, or impoundment of state water, shall submit to the
					 watermaster a document signed by such water right holder confirming such
					 authority and specifying the duration of such authority.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter F - APPEAL OF WATERMASTER ACTIONS › Section 304.51 - Appeal of Watermaster Actions

Current through Reg. 49, No. 28; July 12, 2024
Any person dissatisfied with any action of the watermaster
					 may apply to the executive director for relief under the Texas Water Code,
					 §
										11.326.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter G - FINANCING WATERMASTER OPERATIONS › Section 304.61 - Costs of Administration

Current through Reg. 49, No. 28; July 12, 2024
Under Texas Water Code, §
										11.329,
					 all holders of water rights that are administered by a watermaster shall
					 reimburse the commission for the expense of watermaster operations. An
					 assessment account shall be established for each water right holder for each
					 water right authorization by category of use. The commission shall not assess
					 costs against a holder of a non-priority hydroelectric right that owns or
					 operates privately-owned facilities that collectively have a capacity of less
					 than two megawatts. The assessment for each assessment account shall be the sum
					 of a uniform base charge and, as applicable for that assessment account, either
					 a use fee or a storage fee, or both. The executive director shall file with the
					 commission a copy of the proposed budget. Following a public meeting, the
					 commission shall issue an order for each water division or group of water
					 divisions, as the commission may determine to be appropriate, approving the
					 assessment income needed for the watermaster operations for the assessment
					 period under consideration. The order shall also specify the base charge per
					 assessment account and the reinstatement fee for delinquent assessment
					 payment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter G - FINANCING WATERMASTER OPERATIONS › Section 304.62 - Determination of Assessment Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After a commission order is issued approving the assessment income needed for
				  the watermaster operations for the assessment period under consideration, the
				  executive director shall calculate assessment rates for water use, transport,
				  and storage for each water division, or group of divisions, based on the
				  following formula.
Attached
					 Graphic
(b)
				  After the assessment rate for municipal use has been determined, the assessment
				  rates for the other uses or for storage must be calculated as the mathematical
				  product of the municipal assessment rate and the rate factor for each use or
				  for storage.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 304 - WATERMASTER OPERATIONS › Subchapter G - FINANCING WATERMASTER OPERATIONS › Section 304.63 - Assessment of Cost

Current through Reg. 49, No. 28; July 12, 2024
(a) To determine
				  the amount of assessment for each assessment account, computations will be made
				  by adding together a base charge as specified in the commission order adopted
				  in accordance with §
										304.61 of
				  this title (relating to Costs of Administration) and, as applicable, either or
				  both of the following:
(1) a user fee, which
				  is the mathematical product of the total assessment account and the appropriate
				  assessment rate as determined by §
											304.62
				  of this title (relating to Determination of Assessment Rates); provided,
				  however, that if the water right authorizes more than one type of use, and if
				  the maximum amount of water authorized to be used annually for all uses (the
				  maximum total authorization) is less than the sum of the maximum amounts
				  authorized to be used annually for each use (the sum of all authorizations),
				  then, in calculating the fee for each account the number to be used for the
				  authorized amount must be the product of the maximum total authorization and a
				  fraction whose numerator is the amount of water authorized for that use, and
				  whose denominator is the sum of all authorizations; and also provided that the
				  water right holder or the executive director may apply to the commission for,
				  and the commission may grant, an order providing, for assessment purposes only,
				  that different portions of the total amount of water authorized be applied to
				  the various authorized uses; and
(2) a storage fee for on-channel storage,
				  which is calculated by multiplying the total amount of water authorized for
				  conservation storage under that assessment account by the storage assessment
				  rate as determined by §
											304.62
				  of this title. For any water right authorizing storage and more than one type
				  of use for the same owner, the storage fee for that owner's total storage
				  authorization must be applied to the assessment account for any one of the uses
				  associated with that owner.