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RULE §295.133One-Time Use Fees

(a) In addition to the filing, recording, and notice fees stated in §295.132 of this title (relating to Filing, Notice, and Recording Fees), the following fees shall be submitted at the time an application for an appropriation is made:

  (1) for the use of state water for agriculture, a fee of $.50 per acre each year;

  (2) for the impoundment of state water, except under the Texas Water Code, §11.142 and §11.1431, a fee of $.50 per acre-foot of storage; however, if the applicant seeks to impound water in an on-channel reservoir for in-place recreational purposes, the fee is $1.00 per acre-foot of storage (storage is based on the total holding capacity of the reservoir at normal maximum operating level);

  (3) for the use of state water for any temporary purpose, a fee of $1.00 per acre-foot or fraction thereof;

  (4) for other uses of state water not specifically named in this section, a fee of $1.00 per acre-foot to be diverted annually. However, no political subdivision may be required to pay fees to use water to recharge underground freshwater-bearing sands and aquifers or for the abatement of natural pollution. This fee is waived for applications for instream use water rights deposited into the Texas Water Trust.

(b) If the total fee for a permit exceeds $1,000, the applicant shall pay at least one-half of the use fee when the application is filed, and one-half within 180 days after notice is mailed to the applicant that the permit is granted. If the applicant does not pay all of the amount owed before beginning to use state water under the permit, the permit is annulled and reverts to the status of a pending, filed application requiring notice, the payment of notice fees, and the balance of the use fees.

(c) A fee imposed under subsection (a)(4) of this section for the use of saline tidal water for industrial processes shall be one dollar ($1.00) per acre-foot of water diverted for the industrial process, not to exceed a total fee of five thousand dollars ($5,000).

(d) For an application requesting multiple uses of the same amount of water, the fee shall be based on the use with the highest fee.

Source Note: The provisions of this §295.133 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective December 16, 1987, 12 TexReg 4531; amended to be effective January 7, 1994, 18 TexReg 9935; amended to be effective February 21, 1999, 24 TexReg 969; amended to be effective August 15, 2002, 27 TexReg 7149

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