The commission will consider applications to amend water rights.
(1) An applicant shall submit to the executive director an
application prepared to reflect the desired change(s) and executed as provided
in these sections. Applications must meet all of the requirements for an original
water permit as set out in Chapter 295 of this title (relating to Water Rights,
Procedural) and Chapter 297 of this title (relating to Water Rights, Substantive).
(2) Determination of the type of notice required will be made
by evaluating the applications according to §295.158 of this title (relating
to Notice of Amendments to Water Rights). One exception to this is that changes
in the purpose of use, rate of diversion, point of diversion, and place of
use for water rights held in and transferred within and between the mainstems
of the Lower Rio Grande, Middle Rio Grande, and Amistad Reservoir will not
require mailed and published notice.
(3) Transfer of the point of diversion or place of use of water
rights from the Lower and Middle Rio Grande to above International Amistad
Reservoir are prohibited; however, transfers may be made between the mainstem
of the Lower Rio Grande and the mainstem of the Middle Rio Grande.
(4) Transfers of the point of diversion or place of use of
water rights from the Upper Rio Grande into the Middle and Lower Rio Grande
below International Amistad Reservoir will be prohibited unless:
(A) an applicable conversion factor has been approved by the
commission;
(B) the commission finds that the transfer would not impair
other water rights within the Middle and Lower Rio Grande; and
(C) the commission finds that the transfer would not reduce
the amount of water available for allocation.
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