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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 297WATER RIGHTS, SUBSTANTIVE
SUBCHAPTER JWATER SUPPLY CONTRACTS AND AMENDMENTS
RULE §297.104Special Requirements for Upstream Sales of Water from Storage

If a contract provides that a purchaser may divert water upstream of a supplier's storage reservoir in a manner which impairs the supplier's water right:

  (1) the purchaser shall obtain a permit to the extent of the person's maximum annual diversions of water for the term of the contract; or

  (2) the supplier shall obtain a permit or an amendment to the extent of the purchaser's maximum annual diversions of water for the term of the contract; provided that the contract specifies that the supplier shall apply for such permit or amendment and that the purchaser shall divert water only under such permit or amendment.
Source Note: The provisions of this §297.104 adopted to be effective May 29, 1986, 11 TexReg 2331; amended to be effective August 19, 2002, 27 TexReg 7152

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