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RULE §36.2Definitions

The following words or terms, as used in this chapter, shall have the following meaning, and these definitions do not apply to any other chapter of this title or in any context other than this chapter:

  (1) Adjustment--The partial curtailment of one or more water rights, or a modification to the timing or rates of diversion under one or more water rights.

  (2) Affected water right holder--Those water right holders that are affected by the executive director's Suspension or Adjustment Order.

  (3) Drought--A drought occurs when at least one of the following criteria are met:

    (A) drought conditions in the watershed or the part of the watershed subject to the executive director's Suspension or Adjustment Order are classified as at least moderate by the National Drought Mitigation Center;

    (B) streamflows at United States Geological Survey gaging stations in the drainage area are below the 33rd percentile of the period of record available for the impacted watershed; or

    (C) below normal precipitation in the watershed or part of the watershed subject to the Executive Director's Order, for the preceding three-month period, as reported in the Texas Climatic Bulletin (Office of the Texas State Climatologist), a senior call is made, and the demand for surface water exceeds the available supply as evidenced by a senior water right holder making a senior call.

  (4) Emergency Shortage of Water--The inability of a senior water right holder to take surface water under its water right during:

    (A) emergency periods posing a hazard to public health or safety; or

    (B) conditions affecting hydraulic systems which impair or interfere with conveyance or delivery of water for authorized users.

  (5) Senior water right--A water right that has a priority date that is earlier than another water right holder, or a superior right under Texas Water Code, §11.001(a) and common law and §11.142(a).

  (6) Suspension or Adjustment Order, or Order--An order issued by the executive director to suspend or adjust water rights under this chapter. The order may be in the form of a letter signed by the executive director or the executive director's designee.

  (7) Suspension--The complete curtailment of either the entire water right or the right to use water for a certain type of use or based on a certain priority date in the water rights.

  (8) Water right--A right or any amendment thereto acquired under the laws of this state to impound, divert, store, convey, take, or use state water. This term includes water users for purposes that are superior or exempt from permitting under Texas Water Code, §11.001(a) and common law and §11.142(a), but only to the extent that such a water right may be benefitted by a Suspension or Adjustment Order issued under this chapter. The term includes holders of the water rights where the context requires.

Source Note: The provisions of this §36.2 adopted to be effective May 3, 2012, 37 TexReg 3096

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