reglab/statecodes huggingface dataset:
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 2 - ADDITIONAL REQUIREMENTS FOR THE STORAGE OF APPROPRIATED SURFACE WATER IN AQUIFERS › Section 295.21 - Aquifer Storage and Recovery Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) A water right holder or a person who has
					 contracted for the use of water under a contract that does not prohibit the use
					 of the water in an aquifer storage and recovery project may undertake an
					 aquifer storage and recovery project without obtaining any additional
					 authorization under Texas Water Code (TWC), Chapter 11, for the project. A
					 person, as described in this section, undertaking an aquifer storage and
					 recovery project must:
(1) obtain any required
					 authorizations under TWC, Chapter 27, Subchapter G, and TWC, Chapter 36,
					 Subchapter N; and
(2) comply with
					 the terms of the applicable water right.
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 3 - ADDITIONAL REQUIREMENTS FOR AGRICULTURE › Section 295.31 - Ownership Information Required; Exceptions

Current through Reg. 49, No. 28; July 12, 2024
An applicant, seeking the use of state water for
						agricultural use on particular tracts of land, shall be required to offer proof
						to substantiate his or her ownership of the land, except as otherwise provided
						herein. This section does not apply to an applicant which is a water
						corporation, water district, river authority, or governmental entity authorized
						to supply water to others.
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 3 - ADDITIONAL REQUIREMENTS FOR AGRICULTURE › Section 295.32 - Documents and Information To Be Submitted

Current through Reg. 49, No. 28; July 12, 2024
(a) An application to irrigate particular
					 tracts of land shall contain the following information concerning the lands
					 proposed to be irrigated:
(1) the original
					 land survey or grant, the abstract number, and the name of the county in which
					 the land is located;
(2) an aerial
					 photograph, plat, or map submitted in accordance with §
												295.123
					 of this title (relating to Content Requirements of Maps) showing the tract of
					 land within which a specified number of acres will be irrigated;
(3) a copy of the deed describing the
					 applicant's land, showing recording information from the county deed
					 records;
(4) a legal description of
					 any lands involved in the application;
(5) if the application includes agricultural
					 use of any land not owned by applicant, a consent agreement from the landowner,
					 stating that the landowner recognizes that the permit will be owned by
					 applicant and will not become appurtenant to the land. Renewal of a term permit
					 issued under this chapter will require current documentation of consent
					 agreements. This paragraph does not apply to an applicant who is a water
					 corporation, water district, river authority, or governmental entity authorized
					 to supply water to others or applicants diverting state water from the Rio
					 Grande downstream of Amistad Reservoir.
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 4 - ADDITIONAL REQUIREMENTS FOR DAMS AND RESERVOIRS › Section 295.41 - Plans To Be Prepared by Registered Engineer

Current through Reg. 49, No. 28; July 12, 2024
Except where written approval of the executive director
						has been obtained, application plans for dam and reservoir projects, and plats
						and reports submitted in connection therewith, shall be prepared by a
						registered professional engineer as defined in the Texas Engineering Practice
						Act (Texas Civil Statutes, Article 3271a). Such plans, plats, and reports shall
						bear a certificate, signed by the engineer and to which the engineer's seal
						shall be affixed, stating that the application plans, plats, and/or reports
						were prepared by the engineer or under the engineer's direct supervision. The
						certificate and seal shall be affixed to each sheet of plans and plats, or the
						first sheet shall contain certification that a specified number of sheets
						following were prepared by the engineer or under the engineer's direct
						supervision. Affixing the certificate and seal once within a report shall be
						sufficient. The following certificate form should be used.
Attached
						Graphic
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 4 - ADDITIONAL REQUIREMENTS FOR DAMS AND RESERVOIRS › Section 295.42 - Additional Notice Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The applicant for a permit to construct a storage reservoir shall give notice
					 by certified mail of the application to each member of the governing body of
					 each county and municipality in which the reservoir, or any part of the
					 reservoir, will be located.
(b) For
					 purposes of this section, a reservoir is located within a municipality when any
					 part of the reservoir, when full, will be within the city limits of the
					 municipality.
(c) An application
					 for a permit to construct a storage reservoir must contain a copy of the notice
					 that was mailed to each member of the governing bodies, as well as copies of
					 the certified mailing cards.
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 5 - REQUIREMENTS FOR APPLICATIONS FOR PERMITS UNDER TEXAS WATER CODE, SECTION › Section 295.51 - Application for Texas Water Code, Section, Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
					 for a permit under Texas Water Code, §
											11.143,
					 shall submit to the executive director a sworn application on a form furnished
					 by or acceptable to the executive director and containing the following
					 information:
(1) the name, post office
					 address, telephone number, and social security or federal identification number
					 of the applicant;
(2) the nature
					 and purpose of the proposed use, and the amount of water to be used annually
					 for each purpose;
(3) the major
					 watershed and the tributary (named or unnamed) on which the dam or reservoir is
					 located;
(4) the county in which
					 the dam or reservoir is located;
(5) the approximate distance and direction
					 from the county seat of the county to the location of the dam or
					 reservoir;
(6) the survey or the
					 portion of the survey in which the dam or reservoir is located, and, to the
					 best of applicant's knowledge and belief, the distance and direction of the
					 midpoint of the dam or reservoir from a corner of the survey and/or other
					 survey point of record;
(7) the
					 approximate surface area, to the nearest acre, of the reservoir when it is
					 full, and the average depth in feet when it is full;
(8) the approximate size in acres or square
					 miles of the drainage area above the dam or reservoir; and
(9) if the permit is sought for irrigation
					 under an agricultural use:
(A) the total
					 number of irrigable acres in the area;
(B) the number of acres to be irrigated
					 within the area in any one year;
(C) the distance and direction of the land to
					 be irrigated from the midpoint of the dam or reservoir; and
(D) a copy of the deed describing the
					 applicant's tract, with the recording information from the county deed
					 records.
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 6 - ADDITIONAL REQUIREMENTS FOR APPLICATIONS FOR TEMPORARY PERMITS › Section 295.61 - Applications

Current through Reg. 49, No. 28; July 12, 2024
In addition to the general requirements for permit
						applications, an applicant for a temporary permit shall specify the period of
						time that water is proposed to be diverted. The application shall be
						accompanied by a vicinity map at least 81/2 by 11 inches with sufficient
						information to enable the executive director to locate on the ground the
						diversion site and return water discharge points.
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 6 - ADDITIONAL REQUIREMENTS FOR APPLICATIONS FOR TEMPORARY PERMITS › Section 295.62 - Extension of Time for Temporary Permits

Current through Reg. 49, No. 28; July 12, 2024
A holder of a temporary permit who is seeking an
						extension of time thereof shall submit a letter to the executive director
						requesting an extension for a specified period of time. The letter shall set
						forth reasons why the water was not diverted and used within the time allowed.
						The applicant shall also submit water use report(s) showing the amount of water
						used under the terms of the permit.
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 7 - REQUIREMENTS FOR APPLICATIONS FOR AMENDMENTS TO WATER USE PERMITS AND EXTENSIONS OF TIME › Section 295.71 - Applications To Amend a Permit

Current through Reg. 49, No. 28; July 12, 2024
An applicant for an amendment to a water use permit or
						certificate of adjudication shall file an application prepared in the manner of
						an original application for a permit. However, the title of the application
						should be altered to reflect the fact that it is a request for an amendment. A
						proposed amendment, including an amendment on the motion of the executive
						director, shall be recorded in the same manner as a permit application. The
						holder of a permit, certified filing, or certificate of adjudication issued
						before September 1, 2001, for industrial use or irrigation use where the actual
						use of the water is now classified as agricultural use may continue to use or
						supply water in accordance with the previously issued permit, certified filing,
						or certificate of adjudication without obtaining an
						amendment.
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 7 - REQUIREMENTS FOR APPLICATIONS FOR AMENDMENTS TO WATER USE PERMITS AND EXTENSIONS OF TIME › Section 295.72 - Applications for Extensions of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 construction work cannot be commenced or completed within the time periods
					 established by a permit, the permittee may, before the expiration of the time
					 period to commence or complete construction, apply for an extension of time in
					 order to preserve the permit. Applications shall be in writing, shall be
					 received by the executive director before the expiration date, and shall set
					 forth the reasons why construction work could not be commenced or completed
					 within the time required. Estimated time of commencement or completion also
					 shall be set out. The application must also contain reasons why the permit
					 should not be forfeited if the commission finds that reasonable diligence has
					 not been demonstrated.
(b) The
					 commission may grant an extension of the time to commence or complete
					 construction for a reasonable and necessary period if the appropriator
					 demonstrates reasonable diligence towards such commencement or completion and
					 reasonable cause exists for failure to meet the authorized time limitations.
					 The determination of whether an extension should be granted or the right is
					 forfeited is a question of fact to be determined on a case-by-case basis.
					 Reasonable diligence does not require unusual or extraordinary effort, but it
					 does require a steady application of effort that is usual, ordinary, and
					 reasonable under the circumstances and evidences prosecution of such efforts in
					 good faith. Reasonable causes for delay include, but are not limited to, the
					 operation of legal proceedings or other causes which were not within the
					 reasonable control of the permittee and which were reasonably unforeseeable at
					 the time the appropriation or the last extension, whichever is applicable, was
					 granted by the commission. Delay in commencement or completion of construction
					 because of financial hardship shall not, by itself, constitute sufficient cause
					 for the granting of an extension.
(c) Consideration by the commission of an
					 application to extend the time for commencement or completion of construction
					 shall include whether the appropriation shall be forfeited as provided in
					 §
											297.74
					 of this title (relating to Forfeiture and Revocation of Water Right) for
					 failure by the applicant to demonstrate reasonable diligence and justification
					 for delay. If the application for extensions is denied, the appropriation may
					 also be forfeited as ordered by the commission.
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 7 - REQUIREMENTS FOR APPLICATIONS FOR AMENDMENTS TO WATER USE PERMITS AND EXTENSIONS OF TIME › Section 295.73 - Texas Water Code, Section 11.122(b-1) Amendment Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to being declared administratively
					 complete, applications submitted under this section must demonstrate the amount
					 of desalinated seawater the water right holder has begun using. If the water
					 right holder can demonstrate with certainty a specified amount of desalinated
					 seawater the water right holder will begin using in the future, the commission
					 may declare the application administratively complete, but condition any
					 amendment granted under this section upon the actual use of the specified
					 amount of desalination seawater.
(b) Technical review for applications under
					 this section will be completed prior to all other administratively complete
					 applications in the basin that do not meet the requirements of this
					 section.
(c) The commission may
					 include special conditions in the permit, including, but not limited to a
					 re-opener provision, to mitigate adverse impacts on the availability of water
					 for applications that were administratively complete prior to an application
					 that triggered the expedited technical review under subsection (b) of this
					 section.
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 8 - REQUIREMENTS FOR APPLICATION FOR DIVERSION FOR DOMESTIC OR LIVESTOCK USE FROM UNSPONSORED AND STORAGE LIMITED PROJECTS › Section 295.81 - Application

Current through Reg. 49, No. 28; July 12, 2024
A person seeking authorization 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 shall submit a letter setting forth the location of the
						diversion point, the diversion rate, the amount of water to be diverted, and a
						statement that the water will be used for domestic and livestock use. The
						executive director may require the filing of additional
						information.
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 8 - REQUIREMENTS FOR APPLICATION FOR DIVERSION FOR DOMESTIC OR LIVESTOCK USE FROM UNSPONSORED AND STORAGE LIMITED PROJECTS › Section 295.85 - Application

Current through Reg. 49, No. 28; July 12, 2024
Any political subdivision may apply to the commission for
						designation as a cooperating local sponsor of a proposed Texas Water
						Development Board, United States Army Corps of Engineers, or Bureau of
						Reclamation of the United States Department of Interior water development
						project. More than one cooperating local sponsor may be designated by the
						commission for each project, but no application shall apply to more than one
						project. The commission may postpone consideration of the application until
						after the Texas Water Development Board determines whether the project is
						feasible, as required by the Texas Water Code, §
											12.051.
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 9 - REQUIREMENTS FOR APPLICATION FOR EMERGENCY WATER USE PERMIT › Section 295.91 - Application

Current through Reg. 49, No. 28; July 12, 2024
A person requesting an emergency authorization under
						Texas Water Code, §
											11.139
						and commission rules contained in §
											297.17
						of this title (relating to Emergency Authorization (Texas Water Code, §
											11.139))
						shall submit to the commission a sworn application containing the following
						information:
(1) a description of the
					 condition of emergency justifying the granting of an emergency authorization,
					 including a statement of the facts which support the finding that such
					 conditions present an imminent threat to the public health and safety which
					 override the necessity to comply with established statutory procedures and
					 there are no feasible practicable alternatives to the emergency
					 authorization;
(2) the proposed
					 location of the diversion point, diversion rate, the amount of water to be
					 diverted, the purpose or purposes of use, and an estimate of the dates on which
					 the proposed authorization should begin and end;
(3) steps made by the applicant to develop
					 and implement water conservation and drought contingency plans, to purchase the
					 needed water including whether the water is available to the applicant to meet
					 the emergency need at a price affordable to the applicant, or to otherwise
					 acquire the needed water other than through an emergency
					 authorization;
(4) for a proposed
					 transfer, a statement of consistency with the applicable approved regional
					 water plan, if available; and
(5)
					 any other statements or information required by the commission or executive
					 director necessary to review and take action on the application.
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 10 - FILING REQUIREMENTS FOR WATER SUPPLY CONTRACTS AND AMENDMENTS › Section 295.101 - Documents To Be Filed

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
					 forms are available upon request from the executive director, but use of the
					 forms is not required if the necessary information is supplied.
(b) A water supply contract to be submitted
					 to the executive director in accordance with §
											297.101 of
					 this title (relating to General; Exceptions) shall be accompanied by a vicinity
					 maps showing the diversion point and place of use, and the contractual terms
					 shall include the following:
(1) the cost of
					 water to the purchaser, expressed as a cost per unit of measure;
(2) the effective date and termination date
					 of the contract;
(3) the average
					 quantity of water being furnished on an annual basis or, if the contract is for
					 less than one year, the total quantity being furnished;
(4) the location of the purchaser's diversion
					 point with reference to a corner of an original land survey and/or other survey
					 point, giving both course and distance; and
(5) a statement that the contract's
					 effectiveness is dependent upon the supplier's and/or the purchaser's
					 compliance with this section and Chapter 297, Subchapter J of this title
					 (relating to Water Supply Contracts and Amendments).
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 11 - REQUIREMENTS FOR APPLICATIONS FOR AUTHORIZATIONS TO USE BED AND BANKS › Section 295.111 - Authorization to Convey Stored Water In Bed and Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) Any seller or purchaser of conserved
					 water or water stored in a reservoir desiring to use the bed and banks of any
					 natural watercourse to release the water from storage and convey it downstream
					 for subsequent use under a water supply contract pursuant to Texas Water Code,
					 §
											11.042(a)
					 shall file a copy of the purchase contract with the executive director and a
					 written statement of the intended transit of the water setting forth the
					 following:
(1) the name of the applicant and
					 the place and purpose of use;
(2)
					 the name of the watercourse, the bed and banks of which are to be used for the
					 transportation of the water;
(3)
					 the name of the owner of any reservoir located on the watercourse by which the
					 waters are to be conveyed;
(4) the
					 origin and the terminus of the proposed transported water;
(5) the time of commencement and termination
					 of the transit;
(6) the number of
					 acre-feet of water to be transported;
(7) the approximate flow at the point of
					 origin in cubic feet per second of time;
(8) The number of the permit, certified
					 filing, or certificate of adjudication which authorizes the storage and the use
					 of water proposed to be transported; and
(9) The manner in which the water being
					 conveyed will be measured to ensure that only the water being released is being
					 diverted at the point of delivery, less the amount of water that will be lost
					 to transportation, evaporation, seepage, channel or other associated carriage
					 losses from the point of release to the point of delivery. The method and
					 calculation of carriage losses shall be subject to the review and approval of
					 the executive director.
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 11 - REQUIREMENTS FOR APPLICATIONS FOR AUTHORIZATIONS TO USE BED AND BANKS › Section 295.112 - Application to Convey Groundwater-Based Effluent in Bed and Banks

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 authorization under Texas Water Code §
											11.042(b).
(b) A person who has discharged or intends to
					 discharge groundwater-based effluent into a stream or watercourse and wishes to
					 divert and use the discharged water shall submit an application with the
					 commission containing the following information:
(1) the name, mailing address, and telephone
					 number of the applicant;
(2) the
					 name of the stream and the locations of the point of the existing or proposed
					 discharge and diversion as identified on a USGS 7.5 minute topographical
					 map(s);
(3) the source, amount, and
					 rates of the existing or proposed discharge and diversion;
(4) a description of the water quality of the
					 water discharged or proposed to be discharged and the permit number and name of
					 any related discharge permit;
(5)
					 the date of initial discharge of the groundwater into the watercourse or
					 stream, if applicable, and any related records of discharge periods, points,
					 amounts and rates;
(6) the
					 estimated amount of water that will be lost to transportation, evaporation,
					 seepage, channel or other associated carriage losses from the point of
					 discharge to the point of diversion;
(7) an assessment of the adequacy of the
					 quantity and quality of flows remaining after the proposed diversion to meet
					 instream uses and bay and estuary freshwater inflow needs; and
(8) 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 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 11 - REQUIREMENTS FOR APPLICATIONS FOR AUTHORIZATIONS TO USE BED AND BANKS › Section 295.113 - Application to Convey Water In Bed and Banks

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 authorization under
					 Texas Water Code §
											11.042(c).
(b) A person wishing to place water into a
					 stream or watercourse, convey the water in the watercourse or stream, and
					 subsequently divert such water shall file an application with the commission
					 containing the following information:
(1) the
					 name, mailing address, and telephone number of the applicant;
(2) the name of the stream and the locations
					 of the point of discharge and diversion as identified on a USGS 7.5 minute
					 topographical map(s);
(3) the
					 source, amount, and rates of discharge and diversion;
(4) a description of the water quality of the
					 water discharged and, if applicable, the permit number and name of any related
					 discharge permit;
(5) if the water
					 to be placed into the stream is from an existing, authorized interwatershed or
					 interbasin transfer, a certified copy of the related water right;
(6) if the water placed into the stream is
					 from a proposed interwatershed or interbasin transfer, the information required
					 by this subsection shall be provided in the application for the interwatershed
					 or interbasin transfer and the bed and banks authorization shall be combined
					 with the authorization for the interbasin transfer;
(7) the estimated amount of water that will
					 be lost to transportation, evaporation, seepage, channel or other associated
					 carriage losses from the point of discharge to the point of
					 diversion;
(8) an assessment of the
					 adequacy of the quantity and quality of flows remaining after the proposed
					 diversion to meet instream uses and bay and estuary freshwater inflow needs;
					 and
(9) 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 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 11 - REQUIREMENTS FOR APPLICATIONS FOR AUTHORIZATIONS TO USE BED AND BANKS › Section 295.114 - Application to Convey Imported Water in Bed and Banks

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 authorization under
					 Texas Water Code, §
											11.042(a-1).
(b) A person wishing to place water imported
					 into the state from a source located wholly outside the state into a stream or
					 watercourse, convey the imported water in the watercourse or stream, and
					 subsequently divert such water shall file an application with the commission
					 containing the following information:
(1) the
					 name, mailing address, and telephone number of the applicant;
(2) the name of the stream and the locations
					 of the points of discharge and diversion as identified on a United States
					 Geological Survey 7.5 minute topographical map(s);
(3) the source, amount, and rates of
					 discharge and diversion;
(4) a
					 description of the water quality of the water discharged and, if applicable,
					 the permit number and name of any related discharge permit;
(5) a copy of the legal authorization for the
					 imported water from the source state;
(6) the estimated amount of water that will
					 be lost to transportation, evaporation, seepage, channel, or other associated
					 carriage losses from the point of discharge to the point of diversion;
					 and
(7) an accounting plan
					 demonstrating that no state water will be diverted under this rule.
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 12 - MAPS, PLATS, AND DRAWINGS ACCOMPANYING APPLICATION FOR WATER USE PERMIT › Section 295.121 - Content Requirements of Maps

Current through Reg. 49, No. 28; July 12, 2024
Applications must include maps or plats in the form and
						containing the information specified in the relevant water right form and
						instructions for the particular authorization sought.
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 12 - MAPS, PLATS, AND DRAWINGS ACCOMPANYING APPLICATION FOR WATER USE PERMIT › Section 295.122 - Requirements for Dams and Reservoirs

Current through Reg. 49, No. 28; July 12, 2024
Maps, plats, or drawings submitted with application plans
						for dam and reservoir projects must include the information described in §
											299.3 of this title (relating to
						General).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.131 - Fees Required

Current through Reg. 49, No. 28; July 12, 2024
Statutory fees must accompany an application or petition in
					 order for it to be considered by the commission. Employees of the commission
					 are expressly prohibited from processing any application or petition unless the
					 proper fees are tendered. The executive director shall charge and collect for
					 the benefit of the state the fees hereinafter provided, and it shall be his
					 duty to make a record thereof at the time same becomes due and to render an
					 account to the party charged therewith. Each fee is a separate charge and is in
					 addition to other fees, unless provided otherwise.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.132 - Filing, Recording, and Notice Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The following fees shall be submitted
				  with any application for a water use permit, any application for a water right
				  amendment, or any application for an extension of time to commence or complete
				  construction.
(1) Application filing fees are
				  established as follows.
(A) Fees for a water
				  use permit or an application for extension of time to begin or complete
				  construction shall be based upon the total amount of water requested to be
				  appropriated for impoundment and diversion 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 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.133 - One-Time Use Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  the filing, recording, and notice fees stated in §
										295.132
				  of this title (relating to Filing, Notice, and Recording Fees), the following
				  fees shall be submitted at the time an application for an appropriation is
				  made:
(1) for the use of state water for
				  agriculture, a fee of $.50 per acre each year;
(2) for the impoundment of state water,
				  except under the Texas Water Code, §
											11.142 and
				  § 11.1431, a fee of $.50 per acre-foot of storage; however, if the
				  applicant seeks to impound water in an on-channel reservoir for in-place
				  recreational purposes, the fee is $1.00 per acre-foot of storage (storage is
				  based on the total holding capacity of the reservoir at normal maximum
				  operating level);
(3) for the use
				  of state water for any temporary purpose, a fee of $1.00 per acre-foot or
				  fraction thereof;
(4) for other
				  uses of state water not specifically named in this section, a fee of $1.00 per
				  acre-foot to be diverted annually. However, no political subdivision may be
				  required to pay fees to use water to recharge underground freshwater-bearing
				  sands and aquifers or for the abatement of natural pollution. This fee is
				  waived for applications for instream use water rights deposited into the Texas
				  Water Trust.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.134 - Maximum Fees

Current through Reg. 49, No. 28; July 12, 2024
A fee under §
										295.133 of this
					 title (relating to One-Time Use Fees) for one use of state water under a permit
					 from the commission shall not exceed $50,000. The fee for each additional use
					 of water under a permit for which the maximum fee is paid shall not exceed
					 $10,000. Temporary water permit use fees under §
										295.133 of this
					 title shall not exceed $500. The fee for any application for extension of time
					 to commence or complete construction under §
										295.133 of this
					 title shall not exceed $1,000. The fee under §
										295.133 of this
					 title for the use of saline tidal water for industrial processes shall not
					 exceed five thousand dollars ($5,000).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.135 - Inquiries as to Fees

Current through Reg. 49, No. 28; July 12, 2024
Any inquiries as to fees should be made in advance to the
					 executive director. The applicant is charged with the duty of tendering correct
					 fees according to law. In case of disagreement between the applicant and the
					 executive director over the proper amount of the fees required, the application
					 will be filed under protest in accordance with the Texas Tax Code, §§
										112.051-112.060, and the
					 fees paid by the applicant will be placed in suspense to await a decision by
					 the attorney general.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.136 - Return of Fees

Current through Reg. 49, No. 28; July 12, 2024
Other than the filing and recording fees required by
					 statute, all fees paid pertaining to an application for a water use permit
					 which have not been expended in the processing of the application will be
					 placed in suspense until action is taken by the commission upon the
					 application. If the permit is not granted, unexpended fees will be returned to
					 the applicant. If the application is granted in part, excess use fees will be
					 returned to the applicant. No fees will be returned to any applicant who has
					 failed to notify the executive director of the applicant's social security or
					 federal identification number.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.137 - Diversion From Unsponsored or Storage-Limited Projects

Current through Reg. 49, No. 28; July 12, 2024
No use fees shall be required of an applicant for
					 authorization for the use of state water for domestic and livestock use from
					 either a reservoir constructed by the federal government for which no permit
					 has been issued or a reservoir permitted for storage solely for the purpose of
					 optimum development of the project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.138 - Extension of Time To Commence or Complete Construction

Current through Reg. 49, No. 28; July 12, 2024
When notice of an application to extend time for
					 commencement or completion of construction is required, the applicant shall pay
					 fees as follows:
(1) filing and
				  recording fees as stated in these sections;
(2) any required mailing fees; and
(3) extension fee, to be equivalent to
				  one-time use fees, not to exceed $1,000, established under §
										295.134
				  of this title (relating to Maximum Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.139 - Miscellaneous Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The fee for
				  mailing copies of commission records shall be established by the State
				  Purchasing and General Services Commission in accordance with Texas Civil
				  Statutes, Article 6252-17a, §9.
(b) The fee for each certificate with seal
				  shall be $1.00.
(c) The fee for
				  examination or search of commission records when the state has no interest
				  shall be $5.00 for each half hour or fraction of a half hour spent in
				  examination or search of the records.
(d) The ownership recording fee for changing
				  the commission ownership records of water rights shall be $100 for each
				  numbered water right.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter B - WATER USE PERMIT FEES › Section 295.140 - Local Sponsor Designation Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Filing and recording fees shall be submitted with each application for local
				  sponsor designation as required by §295.132 (a) (1) and (2) of this title
				  (relating to Filing, Recording, and Notice Fees).
(b) The cost of any required publication of
				  notice shall be paid by the applicant directly to the newspaper
				  involved.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.151 - Notice of Application and Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time that the technical review of
				  an application for a permit to use state water has been completed and the
				  technical memoranda have been filed by the executive director with the chief
				  clerk of the commission, the commission shall give notice by mail to those
				  persons specified in §
										295.153 of this title (relating to
				  Notice By Mail). At such time, the chief clerk shall furnish a copy of the
				  notice to the applicant, and the applicant shall cause such notice to be
				  published, pursuant to §
										295.152 of this title (relating to
				  Notice By Publication).
(b) The
				  notice must:
(1) state the name and address
				  of the applicant;
(2) state the
				  date on which the application was received by the commission;
(3) state the date the application was filed
				  by the executive director with the chief clerk as required by §
											281.17(a) or (b)
				  of this title (relating to Notice of Receipt of Application and Declaration of
				  Administrative Completeness);
(4)
				  state that the executive director has determined that the technical review of
				  the application is complete;
(5)
				  state the application number;
(6)
				  state the type of permit the applicant is seeking;
(7) state the purpose and extent of the
				  proposed appropriation of water;
(8) identify the source of supply and the
				  place where the water is to be stored or taken or diverted from the source of
				  supply;
(9) identify any proposed
				  alternative source of water, other than state water, identified by the
				  application;
(10) state the
				  executive director's recommendation regarding the application;
(11) state that an affected person may
				  request a hearing as set out in Chapter 55, Subchapter G of this title
				  (relating to Requests for Contested Case Hearing and Public Comment on Certain
				  Applications);
(12) give a general
				  description of the location and area of any land to be irrigated;
(13) include the name and address of the
				  agency, and the telephone number of an agency contact from whom interested
				  persons may obtain future information; and
(14) give any additional information the
				  commission considers necessary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.152 - Notice By Publication

Current through Reg. 49, No. 28; July 12, 2024
(a) For an
				  application for a permit pursuant to Texas Water Code (TWC), §11.121, or
				  for an amendment to a TWC, §11.121, permit, a certified filing, or a
				  certificate of adjudication pursuant to TWC, § 11.122, and §
										295.158(b) of
				  this title (relating to Notice of Amendments to Water Rights), the applicant
				  shall cause the notice issued by the chief clerk to be published in a newspaper
				  of general circulation within the section of the state where the source of
				  water is located.
(b) For an
				  application for a permit pursuant to TWC, §11.143, or for an amendment
				  pursuant to TWC, §11.122, to a TWC, §11.143, permit, or a certificate
				  of adjudication which authorizes diversions from a reservoir which is exempted
				  under TWC, §11.142, in which the applicant proposes to use groundwater
				  from a well located within a groundwater conservation district as an
				  alternative source of water, the applicant shall cause the notice issued by the
				  chief clerk to be published in a newspaper of general circulation within each
				  county in which the groundwater conservation district is located.
(c) The date of publication shall be on or
				  before the date of publication directed by the chief clerk of the commission.
				  In any event, the date of publication shall be not less than 30 days before the
				  date set for commission consideration of the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.153 - Notice by Mail

Current through Reg. 49, No. 28; July 12, 2024
(a) If notice by
				  mail is required, the commission shall mail the notice by first-class mail,
				  postage prepaid, to persons listed in this section for each type of
				  application. The commission shall mail required notice not less than 30 days
				  before the date set for commission consideration of the application.
(b) For an application for a permit pursuant
				  to Texas Water Code (TWC), §11.121, or for an amendment to a TWC,
				  §11.121, permit, a certified filing, or a certificate of adjudication
				  pursuant to TWC, § 11.122, and §
										295.158(b) of
				  this title (relating to Notice of Amendments to Water Rights), notice shall be
				  mailed to the following:
(1) each claimant or
				  appropriator of water from the source of water supply, the record of whose
				  claim or appropriation has been filed with the commission or its predecessor
				  agencies;
(2) all navigation
				  districts within the river basin concerned;
(3) each groundwater conservation district
				  with jurisdiction over the proposed groundwater production, if the applicant
				  proposes to use groundwater from a well located within a groundwater
				  conservation district as an alternative source of water; and
(4) other persons who, in the judgment of the
				  commission, might be affected.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter C - NOTICE REQUIREMENTS FOR WATER RIGHT APPLICATIONS › Section 295.154 - Notice for Temporary Water Use Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) For an application for a temporary water
				  use permit for which a hearing is required, notice of the hearing shall be sent
				  by first-class mail to each complainant under §
										295.181
				  of this title (relating to Provisional Disposition of Application for Temporary
				  Permit) and to diverters of record with the commission who are located below
				  the applicant's proposed point of diversion and who would, in the judgment of
				  the commission, be affected by the applicant's withdrawals. The notice shall be
				  mailed not less than 15 days (including Saturdays, Sundays, and holidays) prior
				  to the date set for hearing.
(b)
				  Notice of a hearing on an application for a temporary water use permit need not
				  be published in any newspaper unless so ordered by the commission.
(c) Notice of a hearing on an application for
				  a temporary water use permit shall contain a general statement regarding the
				  proposed quantities, use, and period of use of the requested water, and a
				  statement of the date, time, and place of the hearing.
(d) No mailed notice is required in
				  connection with an application for an extension of time for a temporary
				  permit.