The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(1) Agricultural or Agriculture--Any of the following
(A) cultivating the soil to produce crops for human
food, animal feed, or planting seed or for the production of fibers;
(B) the practice of floriculture, viticulture, silviculture,
and horticulture, including the cultivation of plants in containers
or non-soil media by a nursery grower;
(C) raising, feeding, or keeping animals for breeding
purposes or for the production of food or fiber, leather, pelts, or
other tangible products having a commercial value;
(D) raising or keeping equine animals;
(E) wildlife management; and
(F) planting cover crops, including cover crops cultivated
for transplantation, or leaving land idle for the purpose of participating
in any governmental program or normal crop or livestock rotation procedure.
(2) Agricultural use--Any use or activity involving
agriculture, including irrigation.
(3) Best management practices--Voluntary efficiency
measures that save a quantifiable amount of water, either directly
or indirectly, and that can be implemented within a specific time
(4) Conservation--Those practices, techniques, and
technologies that reduce the consumption of water, reduce the loss
or waste of water, improve the efficiency in the use of water, or
increase the recycling and reuse of water so that a water supply is
made available for future or alternative uses.
(5) Commercial use--The use of water by a place of
business, such as a hotel, restaurant, or office building. This does
not include multi-family residences or agricultural, industrial, or
(6) Drought contingency plan--A strategy or combination
of strategies for temporary supply and demand management responses
to temporary and potentially recurring water supply shortages and
other water supply emergencies. A drought contingency plan may be
a separate document identified as such or may be contained within
another water management document(s).
(7) Industrial use--The use of water in processes designed
to convert materials of a lower order of value into forms having greater
usability and commercial value, and the development of power by means
other than hydroelectric, but does not include agricultural use.
(8) Institutional use--The use of water by an establishment
dedicated to public service, such as a school, university, church,
hospital, nursing home, prison, or government facility. All facilities
dedicated to public service are considered institutional regardless
(9) Irrigation--The agricultural use of water for the
irrigation of crops, trees, and pastureland, including, but not limited
to, golf courses and parks which do not receive water from a public
(10) Irrigation water use efficiency--The percentage
of that amount of irrigation water which is beneficially used by agriculture
crops or other vegetation relative to the amount of water diverted
from the source(s) of supply. Beneficial uses of water for irrigation
purposes include, but are not limited to, evapotranspiration needs
for vegetative maintenance and growth, salinity management, and leaching
requirements associated with irrigation.
(11) Mining use--The use of water for mining processes
including hydraulic use, drilling, washing sand and gravel, and oil
(12) Municipal use--The use of potable water provided
by a public water supplier as well as the use of sewage effluent for
residential, commercial, industrial, agricultural, institutional,
and wholesale uses.
(13) Nursery grower--A person engaged in the practice
of floriculture, viticulture, silviculture, and horticulture, including
the cultivation of plants in containers or nonsoil media, who grows
more than 50% of the products that the person either sells or leases,
regardless of the variety sold, leased, or grown. For the purpose
of this definition, grow means the actual cultivation or propagation
of the product beyond the mere holding or maintaining of the item
prior to sale or lease, and typically includes activities associated
with the production or multiplying of stock such as the development
of new plants from cuttings, grafts, plugs, or seedlings.
(14) Pollution--The alteration of the physical, thermal,
chemical, or biological quality of, or the contamination of, any water
in the state that renders the water harmful, detrimental, or injurious
to humans, animal life, vegetation, or property, or to the public
health, safety, or welfare, or impairs the usefulness or the public
enjoyment of the water for any lawful or reasonable purpose.
(15) Public water supplier--An individual or entity
that supplies water to the public for human consumption.
(16) Regional water planning group--A group established
by the Texas Water Development Board to prepare a regional water plan
under Texas Water Code, §16.053.
(17) Residential gallons per capita per day--The total
gallons sold for residential use by a public water supplier divided
by the residential population served and then divided by the number
of days in the year.
(18) Residential use--The use of water that is billed
to single and multi-family residences, which applies to indoor and
(19) Retail public water supplier--An individual or
entity that for compensation supplies water to the public for human
consumption. The term does not include an individual or entity that
supplies water to itself or its employees or tenants when that water
is not resold to or used by others.
(20) Reuse--The authorized use for one or more beneficial
purposes of use of water that remains unconsumed after the water is
used for the original purpose of use and before that water is either
disposed of or discharged or otherwise allowed to flow into a watercourse,
lake, or other body of state-owned water.
(21) Total use--The volume of raw or potable water
provided by a public water supplier to billed customer sectors or
nonrevenue uses and the volume lost during conveyance, treatment,
or transmission of that water.
(22) Total gallons per capita per day (GPCD)--The total
amount of water diverted and/or pumped for potable use divided by
the total permanent population divided by the days of the year. Diversion
volumes of reuse as defined in this chapter shall be credited against
total diversion volumes for the purposes of calculating GPCD for targets
(23) Water conservation coordinator--The person designated
by a retail public water supplier that is responsible for implementing
a water conservation plan.
(24) Water conservation plan--A strategy or combination
of strategies for reducing the volume of water withdrawn from a water
supply source, for reducing the loss or waste of water, for maintaining
or improving the efficiency in the use of water, for increasing the
recycling and reuse of water, and for preventing the pollution of
water. A water conservation plan may be a separate document identified
as such or may be contained within another water management document(s).
(25) Wholesale public water supplier--An individual
or entity that for compensation supplies water to another for resale
to the public for human consumption. The term does not include an
individual or entity that supplies water to itself or its employees
or tenants as an incident of that employee service or tenancy when
that water is not resold to or used by others, or an individual or
entity that conveys water to another individual or entity, but does
not own the right to the water which is conveyed, whether or not for
a delivery fee.
(26) Wholesale use--Water sold from one entity or public
water supplier to other retail water purveyors for resale to individual
|Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective January 10, 2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515; amended to be effective August 16, 2018, 43 TexReg 5218