| (a) To the extent that State water has not been set
aside by the commission under Texas Water Code (TWC), §11.1471(a)(2),
to meet downstream instream flow needs or freshwater inflow needs,
State water may be appropriated, stored, or diverted for the following
purposes of use:
(1) domestic and municipal;
(2) industrial;
(3) agriculture;
(4) mining and the recovery of minerals;
(5) hydroelectric power;
(6) navigation;
(7) recreation and pleasure;
(8) public parks;
(9) game preserves;
(10) recharge into an aquifer underlying this state
other than an aquifer described under subsection (b) of this section
through surface infiltration or an aquifer recharge project as defined
by TWC, §27.201; and
(11) other beneficial purposes of use recognized by
law.
(b) Unappropriated storm water and floodwater may be
appropriated to recharge freshwater bearing sands and aquifers in
the portion of the Edwards Aquifer located within Kinney, Uvalde,
Medina, Bexar, Comal, and Hays Counties if it can be established by
expert testimony that an unreasonable loss of state water will not
occur and that the water can be withdrawn at a later time for application
to a beneficial use. The normal or ordinary flow of a stream or watercourse
may never be appropriated, diverted, or used by a water right holder
for this recharge purpose.
(c) The amount of water appropriated for each purpose
listed under this section shall be specifically appropriated for that
purpose. The commission may authorize the appropriation of a single
amount or volume of water for more than one purpose of use. In the
event that a single amount or volume of water is appropriated for
more than one purpose of use, the total amount of water actually diverted
for all of the authorized purposes may not exceed the total amount
of water appropriated.
(d) State policy regarding preferences for certain
type uses provided by Texas Water Code (TWC), §11.024, does not
alter the basic principle of priority based upon first in time established
under TWC, §11.027. Rather, such preferences will be used, in
part, by the commission in determining which competing new uses will
be granted water rights as provided by TWC, §11.123.
(e) The water of any arm, inlet, or bay of the Gulf
of Mexico may be changed from salt water to sweet or fresh water and
held or stored by dams, dikes, or other structures and may be taken
or diverted for any purpose authorized by this chapter.
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| Source Note: The provisions of this §297.43 adopted to be effective February 24, 1999, 24 TexReg 1162; amended to be effective August 15, 2002, 27 TexReg 7152; amended to be effective May 28, 2020, 45 TexReg 3452 |
