(a) The notice requirements of this subchapter for
an application for a new or amended water right, as applicable, shall
apply to an application for an interbasin transfer except as otherwise
provided by this section. In addition, notice shall be given to users
of record in the receiving basin who are located below the point of
introduction except for interbasin transfers described under subsection
(d)(2) - (5) of this section. For purposes of this section, a river
basin is defined and designated by the Texas Water Development Board
by rule pursuant to Texas Water Code, §16.051. An increase in
the amount of water being transferred to the receiving basin under
an existing water right constitutes a new interbasin basin transfer
for purposes of this section.
(b) In addition to the notice requirements provided
by subsection (a) of this section, notice of an application for an
interbasin transfer shall also include the following unless exempted
by subsection (d) of this section:
(1) notice of the application shall be mailed to:
(A) all holders of water rights located in whole or
in part in the basin of origin if not already provided under subsection
(a) of this section;
(B) each county judge of a county located in whole
or in part in the basin of origin;
(C) each mayor of a city with a population of 1,000
or more based upon the most recent estimate of the U.S. Census Bureau
located in whole or in part in the basin of origin;
(D) all groundwater conservation districts located
in whole or in part in the basin of origin;
(E) each state legislator in both basins; and
(F) the presiding officer of each affected regional
water planning group in both basins;
(2) the applicant shall cause notice of the application
to be published in two different weeks within a 30-day period in one
or more newspapers having general circulation in each county located
in whole or in part in the basin of origin and the receiving basin.
The published notice may not be smaller than 96.8 square centimeters
or 15 square inches with the shortest dimension at least 7.6 centimeters
or three inches. The notice of application and public meetings shall
be combined in the mailed and published notices; and
(3) the notice of the application must state how a
person may obtain from the applicant, without cost, information relating
to the contract price of the water to be transferred; a statement
of each general category of proposed use of the water to be transferred,
and a detailed description of the proposed uses and users under each
category; the cost of diverting, conveying, distributing, and supplying
the water to, and treating the water for, the proposed users; and
the projected effect on user rates and fees for each class of ratepayers.
(c) The applicant shall pay the cost of notice required
to be provided under this section.
(d) Subsection (b) of this section shall not apply
to:
(1) a proposed transfer which in combination with any
existing transfers totals less than 3,000 acre-feet of water per annum
from the same water right;
(2) a request for an emergency transfer of water under §297.17
of this title (relating to Emergency Authorization (Texas Water Code, §11.139));
(3) a proposed transfer from a basin to its adjoining
coastal basin; or
(4) a proposed transfer from the part of the geographic
area of a county or municipality, or the part of the retail service
area of a retail public utility as defined by Texas Water Code, §13.002,
that is within the basin of origin for use in that part of the geographic
area of the county or municipality, or that contiguous part of the
retail service area of the utility, not within the basin of origin.
The further transfer and use of this water outside of such county,
municipality, or the part of the retail service area of a retail public
utility as defined by Texas Water Code, §13.002 as existing at
the time of the transfer or as may exist in the future other than
back to the basin of origin shall not be exempt under this paragraph;
(5) a proposed transfer of water that is:
(A) imported from a source located wholly outside the
boundaries of this state, except water that is imported from a source
located in the United Mexican States;
(B) for use in this state; and
(C) transported by using the bed and banks of any flowing
natural stream in this state.
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Source Note: The provisions of this §295.155 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective February 21, 1999, 24 TexReg 969; amended to be effective May 6, 2010, 35 TexReg 3500; amended to be effective August 28, 2014, 39 TexReg 6492 |