| (a) The commission may issue a permit for a term of
years for the use of unused appropriated water when there is insufficient
unappropriated water in the source of supply to satisfy the application.
(b) An application for a term permit under this section
shall be denied if:
(1) the commission finds there is a substantial likelihood
that the issuance of the term permit will jeopardize financial commitments
made for water projects that have been built or that are being built
to optimally develop the water resources in the area;
(2) if the holder of an affected unused appropriation
can demonstrate that the issuance of the permit would prohibit the
holder from beneficially using the water right during the term of
the permit. Such demonstration may be made by using water use projections
contained in the state or regional water plans, economic indicators,
population growth projections, electrical generation needs, or other
reasonable projections based on accepted methods;
(3) the proposed permit is not intended for a beneficial
use; or
(4) the proposed permit would be detrimental to the
public welfare.
(c) A term permit is subordinate to any vested or senior
appropriative water right. Additionally, conditions may be placed
in the permit as necessary to protect instream uses and freshwater
inflows to bays and estuaries.
|
| Source Note: The provisions of this §297.19 adopted to be effective May 29, 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 |
