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RULE §295.13Interbasin Transfers

(a) An applicant seeking to transfer state water from one basin to another basin shall so state in the application. 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 (TWC), §16.051. The application content requirements contained in this chapter for a new or amended water right, as applicable, shall apply to all applications for an interbasin transfer unless otherwise provided.

(b) In addition to the application requirements for a new or amended water right contained in this chapter, the application must also include the following unless exempted by subsection (c) of this section:

  (1) the contract price of the water to be transferred;

  (2) 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;

  (3) the cost of diverting, conveying, distributing, and supplying the water to, and treating the water for, the proposed users;

  (4) an analysis of whether and to what extent there is the need for the water in the basin of origin and in the proposed receiving basin based upon the period for which the transfer is requested, but not to exceed 50 years;

  (5) factors identified in the applicable approved regional water plans which address the following (Regional water management plans must be submitted to the Texas Water Development Board for review and approval not later than September 1, 2000. If applicable approved regional water management plans do not exist at the time the application is submitted, the following information under this paragraph is not required to be submitted.):

    (A) an analysis of the availability of feasible and practicable alternative supplies in the receiving basin for which the water is needed;

    (B) the amount and purposes of use in the receiving basin for which the water is needed;

    (C) the proposed methods and efforts by the receiving basin to avoid waste and implement water conservation and drought contingency measures;

    (D) the proposed methods and efforts by the receiving basin to put the water proposed for transfer to beneficial use;

    (E) the projected economic impact that is reasonably expected to occur in each basin as a result of the transfer; and

    (F) the projected impacts of the proposed transfer that are reasonably expected to occur on existing water rights, instream uses, water quality, aquatic and riparian habitat, and bays and estuaries that must be assessed under TWC, §§11.147, 11.150, and 11.152 and related commission rules contained in §§297.49 - 297.52 of this title (relating to Return and Surplus Waters; Consideration of Water Conservation Plans; Time Limitations for Commencement or Completion of Construction; and Suppliers of Water for Agriculture) in each basin. If the water sought to be transferred is currently authorized to be used under an existing water right, such impacts shall only be considered in relation to that portion of the water right proposed for transfer and shall be based on historical uses of the water right for which amendment is sought;

  (6) proposed mitigation or compensation, if any, to the basin of origin by the applicant;

  (7) the continued need to use the water for the purposes authorized under the existing water right if an amendment to an existing water right is being sought; and

  (8) any other related information the executive director or commission may require to review the application to make recommendation or determine, as applicable, whether it meets all applicable requirements of the TWC or other applicable law.

(c) 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;

  (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 TWC, §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; or

  (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.

Source Note: The provisions of this §295.13 adopted to be effective May 28, 1986, 11 TexReg 2324; amended to be effective February 21, 1999, 24 TexReg 969; amended to be effective August 15, 2002, 27 TexReg 7149; amended to be effective May 6, 2010, 35 TexReg 3500; amended to be effective August 28, 2014, 39 TexReg 6492

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