(a) A contract of sale of water to be filed with the
executive director in accordance with §303.52(d) of this title
(relating to General Filing Requirements) shall indicate all of the
following:
(1) the specific certificate of adjudication or other
water right under which the water is being sold;
(2) the specific certificate of adjudication or other
water right under which the bought water is to be used;
(3) the name and address of the seller and buyer;
(4) the total quantity of water being purchased in
acre-feet;
(5) the purpose of use for which the water is to be
used;
(6) the cost of water to the buyer per acre-foot;
(7) the diversion point to which the buyer is requesting
deliveries to be made;
(8) the effective date and termination date of the
contract:
(A) contracts for Domestic, Municipal, and Industrial
water shall terminate on the last Saturday of the calendar year in
which the contract was entered; and,
(B) for all other contracts, an effective date and
termination date shall be determined by the interested parties;
(9) the acreage to be irrigated, if applicable; and
(10) the contract executed by all verified owners of
the water right from which water is purchased.
(b) The contract will be accompanied by an aerial photograph
or United States Geological Survey topographic map with the location
of diversion points and areas to be irrigated described thereon. In
water-in-transit contractual sales, the contract must also include
an aerial photograph or United States Geological Survey topographic
map with the location of the discharge point(s).
(c) The executive director may require any additional
information needed to approve the contract, including any agreements
with diverters if the buyer is not pumping from his own diversion
point and deeds of any tracts to be irrigated.
(d) All contracts for water, irrespective to termination
date of the contract, remain subject to the requirements of §303.22(c)
of this title (relating to Allocations to Accounts).
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Source Note: The provisions of this §303.53 adopted to be effective July 2, 1986, 11 TexReg 2890; amended to be effective October 26, 2006, 31 TexReg 8716; amended to be effective November 28, 2013, 38 TexReg 8443 |