Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,177
1163-1244 p. ; 28 cm.View a full description of this periodical.
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Issued in Austin, 'Is, on February 25 1988.
TRD.801978 James K. Rourke, Jr.
General Counsel
I Ts Water Commission
Effective date: March 3, 1986
Expiration date: July 1 1986
For further Information, please call
(512) 4638070.
Subchapter J. Water Supply
Contracts and Amendments
*31 TAC 11297.101-297.108
These new sections are adopted on an
emergency 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 Texas Water
Code and other laws of this state.
1297.101. General; Exceptions.
(a) General. In order for the commis-
sion to exercise effective supervision over all
uses of state water, each supplier of treated
or untreated state water possessing a valid
water right shall make application for an
amendment based upon the supplier's con-
tractual arrangements with a purchaser and/
or shall submit a copy of the contract in ac-
cordance with 295.101 of this title (relating
to Documents To Be Filed). The contract
must be submitted and/or the application
approved by the commission before deliv-
eries or diversions under the contract may
be made lawfully. If a contract meets the re-
quirements of these sections and is consis-
tent with the authorizations of the base water
right, the executive director will place a copy
of the contract on file with the commission
records and shall so notify the supplier.
(b) Exceptions. The sections of this
subchapter shall not apply to the following:
(1) sales of untreated water con-
veyed by the supplier through a canal, pipe-
line, or aquaduct for the purpose and for use
in the area authorized in the water right;
(2) sales of treated water supplied
through a public or private municipal dis-
tribution system or through a rural water
supply system for the purpose and for use
in the area authorized in the water right;
(3) deliveries of treated sewage ef-
fluent for the purpose and use authorized
and in the area authorized in the water right;
(4) short term (three years or less)
sales of untreated water from the perimeter
of a reservoir for any purpose authorized in
the water right in amounts not exceeding 10
acre-feet per annum; or
(5) sales of untreated water from
the Lower and Middle Rio Grande.
297.102. When Application Required.
(a) If the exercise of rights under the
contract between the supplier and the pur-
chaer would require amendment of the ap-
propriative right on which the sale is based,the supplier shall submit an application for
an amendment in accordance with 295.101
of this title (relating to Documents To Be
Filed).
(b) If the exercise of rights under the
contract between the supplier and the pur-
chaser would not require amendment of the
appropriative right on which the sale is based
or would require amendment of the approp-
riative right only by adding a diversion point
or by changing the place of use of a water
right which authorizes storage, the supplier
shall submit a copy of the executed contract
to the executive director and shall not have
to submit an application for an amendment.
(c) If the supplier is not the holder of
the appropriative right on which the sale is
based and if the exercise of rights under the
contract between the supplier and the pur-
chtaer would require an amendment to alter
the appropriative right:
(1) the holder of the appropriative
right on which the sale is based shall apply
to amend the right in accordance with 295.71
of this title (relating to Applications To
Amend a Permit), and the supplier shall sub-
mit a copy of the contract and/or an applica-
tion for a permit in accordance with 295.101
of this title (relating to Documents To Be
Filed); or
(2) the holder of the appropriative
right on which the sale is based shall join
with the supplier in the application for
amendment.
(d) See 295.158 of this title (relating
to Notice of Amendments to Water Rights)
for notice requirements and Chapter 295,
Subchapter B, of this title (relating to Water
Use, Procedural) for required fees.
297.103. Special Requirements for Down-
stream Sates of Water from a Storage Res-
ervoir.
(a) If a contract which obligates a sup-
plier to supply water from storage to a pur-
chaser does not provide for or contemplate
diversions of water by the purchaser from
streamflows other than those resulting from
releases of water from storage under the con-
tract, the supplier shall make releases of
water to the extent of the purchaser's down-
stream diversions within the limits of the
supplier's water right or the contract, except
as follows.
(1) Nothing in these sections shall
require a seller to release water to satisfy con-
tractual obligations when such release would
aggravate existing flooding conditions, and
the purchaser may divert water during such
conditions pursuant to the contract.
(2) The executive director may rec-
ommend a condition to be included in the
contractual amendment which establishes
stream flood stages for purposes of this sec-
tion. The commission may include such a
condition in each amendment which autho-
rizes such a downstream sale of water from
storage.
(b) If a contract which obligates a sup-
plier to supply water from storage to a pur-chaser provides for or contemplates diver.
sions of water by the purchaser from stream-
flows other than those resulting from releases
of water from storage for the purchaser's use
under the contract, and if neither the pur-
chaser nor the supplier possesses a valid ap-
propriative right authorizing such diversions:
(1) the purchaser shall obtain a reg-
ular, term, or temporary permit to appro-
priate water to the extent of his maximum
annual diversions of water not released from
storage before the supplier's amendment, if
any, may be approved; or
(2) the supplier shall apply for a reg-
ular, term, or temporary permit or an
amendment to the supplier's water right to
appropriate water to the extent of the pur-
chaser's maximum annual diversions of
water not released from storage; provided
that the contact specifies that the supplier
shall have or shall apply for such permit or
amendment and that the purchaser shall
divert water not released from storage only
pursuant to such permit or amendment.
(c) If any contract required to be filed
under this subchapter does not specify which
party will bear transportation and evapo-
transpiration losses from a reservoir to a
downstream point of diversion, the supplier
shall bear slch losses.
297.104. Special Requirements for Up-
stream Sales of Water from Storage. If a
contract provides that a purchaser may divert
water upstream of a supplier's storage reser-
voir in a manner which impairs the supplier's
water right:
(1) the purchaser shall obtain a
term or temporary permit to the extent of
his or her maximum annual diversions of
water for the term of the contract; or
(2) the supplier shall obtain a term
or temporary permit or an amendment to the
extent of the purchaser's maximum annual
diversions of water for the term of the con-
tract; provided that the contract specifies
that the supplier shall apply for such permit
or amendment and that the purchaser shall
divert water only pursuant to such permit or
amendment.
297.105. Effective Date of Water Spp
Contract *Rules. The requirements of
295.101 of this title (relating to Documents
To Be Filed), 297.103 of this title (relating
to Special Requirements for Downstream
Sales of Water from a Storage Reservoir),
and 297.104 of this title (relating to Special
Requirements for Upstream Sales of Water
from Storage) apply to all contracts for sales
of treated or untreated state water entered
into after January 2, 1964.
297.106. Perfection and Prity q f Water
Rights.
(a) Unless exempted by these sections,
no treated or untreated state water hereafter
supplied under a contract shall be deemed
to be in perfection of the supplier's appro-
priative right under which the water is sup-
plied, unless and until the contractual amend-March 11, 1986 11 TexReg 1177
_ __
SEmergency Rules
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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/m1/15/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.