(a) A commissioner may authorize temporary permits
under this section for beneficial purposes to the extent that they
do not interfere with or adversely affect prior appropriations or
vested rights on a stream from which water is to be diverted under
such temporary water rights or environmental flow needs. A temporary
permit is primarily designed for those persons who require state water
for highway construction, oil or gas well drilling projects, hydro-static
tests for pipelines, and other types of short duration projects.
(b) A temporary permit may not be granted for a period
of time exceeding three years and shall be junior to all affected
prior appropriations and vested rights on a stream. This permit does
not vest in the holder any permanent right to the use of state water
and expires in accordance with its terms and may be suspended upon
notice by the executive director or watermaster, as applicable, in
order to protect senior water rights. The permit may also have conditions
for the protection of instream uses, water quality, aquatic and wildlife
habitat, and freshwater inflows to bays and estuaries.
(c) The period of time to use water authorized by a
temporary permit which was initially granted for a period of less
than three years may be extended by the commission upon written request
by the permittee, but in no event shall the entire period including
the initial period as well as any extension exceed three years nor
shall an extension of time seek a change of diversion rate, diversion
point, or additional water.
(d) A temporary permit for the use of ten acre-feet
or less for a period of one calendar year or less may be authorized
without notice and hearing upon the 30th day after a registration
and fee as provided by §295.132 of this title (relating to Filing,
Recording, and Notice Fees) is filed with the TCEQ regional director
or the watermaster, as applicable, unless the applicant is notified
by the regional director or watermaster within the thirty day period
that the registration is denied for failure to meet the requirements
of this section. The registration must contain a sworn statement by
the applicant containing the following minimum information:
(1) the name, mailing address and telephone number
of the applicant;
(2) the diversion point and location of use as indicated
on a United States Geological Survey 7.5 minute map(s);
(3) the purpose of use, as authorized under Texas Water
Code, §11.023;
(4) the proposed maximum diversion rate;
(5) amount of water to be diverted not to exceed ten
acre-feet per year; and
(6) the period for which the water is to be used, not
to exceed one year from the 30th day from the date the registration
is filed with the TCEQ regional director or watermaster, as applicable.
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Source Note: The provisions of this §297.13 adopted to be effective May 30, 1986, 11 TexReg 2330; amended to be effective June 28, 1996, 21 TexReg 5442; amended to be effective February 24, 1999, 24 TexReg 1162; amended to be effective May 19, 2016, 41 TexReg 3511 |