Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,174
1163-1244 p. ; 28 cm.View a full description of this periodical.
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a project. Upon applQtion, this type of per-
mit may be converted to a permit for bene-
ficial use. See the Texas Water Code, 11.140.
V297.17. EMergency Permit under the Teams
Water Code, 11.139. An emergency per-
mit authorizes the appropriation of state
water for a period of not more than 30 days
to alleviate conditions which threaten the
public health, safety, and welfare.
297.18. Interwatershed Transfers. A
permit is required to transfer state water
from one named rives basin or coastal basin
to another. See the Texas Water Code, 11.085.
297.19. Term Permit. The commission
may grant a permit for a limited term of
years when it determines that inadequate
water is available in the source of supply on
a perpetual basis to satisfy an application but
that adequate water is available on a limited
basis due to the underutilization of existing
water rights in the source of supply.
297.20. Permit for Diversion from Un-
sponsored or Storage-Lirmtted Reservoirs.
A permit is required to divert state water
from a reservoir constructed by the federal
government for which no local sponsor has
been designated nor permit issued or a reser-
voir permitted for storage solely for the pur-
pose of optimum development of the proj-
ect. See Subchapter D, 297.31 and 297.32
of this chapter (relating to Diversion from
Unsponsored or Storage-Limited Reservoirs).
Issued In Austin. Texas, on February 25, 1986.
TRD-8601971 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1986
For further Information, please call
(512) 463-8070.
Subchapter C. Type of Uses
*31 TAC 297.21-297.25
The new sections are adopted on an emer-
gency basis under the Texas Water Code,
$5.103, which provides the Texas Water
Commission with the authority to adopt
rules necessary to carry out its powers
and duties under the code and the laws
of the state.
1297.21. Direct Diversion. A permit under
the Texas Water Code, 11.121, for direct
diversion is required of all persons who pro-
pose to divert state water from a watercourse
or its underflow, unless the water is to be
used for domestic and livestock uses. The
manner of diversion may be by pumping or
by gravity flow.
297.22. Diversion from a Reservoir. A
permit for diversion is required of all per-
sons who propose tc divert state water from
a reservoir and apply it to an authorized use
except as provided by the Texas Water Code,11.142. The manner of diversion may be
by pumping or by gravity flow. (Although
a person may hold a valid permit for a reser-
voir or storage facility, water cannot be di-
verted and used from the reservoir unless the
permit so authorizes.)
297.23. On-Channel Reservoir. Except
as provided by the Texas Water Code,
11.142, a permit is required for a dam
and/or a reservoir on a watercourse, except
for a natural reservoir or lake. The permit
will authorize the appropriation of state
water to fill the reservoir, divert and use the
water, or use the water in place.
297.24. Off-Channel Reservoir. Except as
provided by the Texas Water Code, 11.142,
a permit is required for an impounding struc-
ture that is not directly on a watercourse, if
the reservoir is to impound state water and
the commission deems that the impound-
ment is necessary to grant authorization to
divert and use state water. The permit will
authorize the appropriation of state water to
fill the reservoir, divert and use the water,
or use the water in place. This definition does
not include in-system balancing reservoirs
operating under authorized permits.
297.25. Storage in Another's Reservoir.
A permit is required to appropriate state
water for storage in another's lawful reser-
voir and to divert and use water therefrom.
Consent of the reservoir owner must be ob-
tained. If the reservoir is a project of the Soil
Conservation Service, United States Depart-
ment of Agriculture, consent must be ob-
tained from the Soil and Water Conservation
District and any others having jurisdiction
over the reservoir before a pei mit can be
acquired.
Issued In Austin, Texas, on February 25, 19886.
TRD-8601972 James K Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1988
For further information, please call
(512) 483-8070.
Subchapter D. Diversion From
Unsponsored or Storage-Limited
Reservoirs
*31 TAC 297.31, 297.32
The new sections are adopted on an emer-
gency basis under the Texas Water Code,
5.103, which provides the Texas Water
Commission with the authority to adopt
rules necessary to carry out its powers
and duties under the code and the laws
of the state.
297.31. Use Other Than Domestic or Live-
stock. A person desiring to divert state
water for other than domestic and livestock
uses from a reservoir constructed by the fed-
eral government for which no local sponsorhas been designated nor permit issued or a
reservoir permitted for storage solely for the
purpose of optimum development of the
project shall make application for a permit
pursuant to the Texas Water Code, 11.124.
297.32. Domestic or Livestock Use. A
person seeking permission to use state water
for domestic or livestock use from a reser-
voir constructed by the federal government
for which no local sponsor has been'desig-
nated nor permit or a reservoir permitted for
storage solely for the purpose of optimum
development of the project issued shall apply
for authorization. If a request for domestic
use is received, and upon investigation it is
determined that an existing water supply sys-
tem is reasonably available to the property,
the request shall be denied. In considering
the quantity of water to be used for domestic
use, the commission will apply a standard
of 125 gallons per capita per day unless per-
suasive reasons for a different daily alloca-
tion exist. See 295.81 of this title (relating
to Application).
issued In Austin, Texas, on February 25, 1986.
TRD-8601973 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1986
For further information, please call
(512) 463-8070.
Subchapter E. Issuance and
Conditions of Water Permit or
Certificate of Adjudication
a31 TAC 297.41-297.52
The new sections are adopted on an emer-
gency basis under the Texas Water Code,
5.103, which provides the Texas Water
Commission with the authority to adopt
rules necessary to carry out Its powers
and duties under the code and the laws
of the state.
297.41. Subject to Prior and Superior
Water Rights. A permit or certificate of
adjudication to appropriate state water
granted by the commission shall be subject
to all prior and superior rights of others
using water on the stream or other source .
of supply.
297.42. Additional Limitations. The
commission will incorporate into every per-
mit or certificate of adjudication any con-
dition, restriction, limitation, or provision
reasonably necessary for the enforcement
and administration of the water laws of the
state and the rules of the commission.
297.43. Requiring Stoage Facilities. Ex-
cept for an application for an emergency,
temporary, seasonal, or term permit, the
commission may require an applicant to pro-
vide storage sufficient to yield the requested
annual diversion.11 TexReg 1174 March 11, 1986
__ ___
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/12/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.