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RULE §359.2Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Administrator--The executive administrator of the Texas Water Development Board or designated representative(s).

  (2) Bank--The Texas Water Bank, including regional banks established pursuant to this subchapter.

  (3) Board--The Texas Water Development Board.

  (4) Commission--The Texas Commission on Environmental Quality.

  (5) Conserved water--That amount of water saved by a holder of an existing permit, certified filing, or certificate of adjudication through practices, techniques, and technologies that would otherwise be irretrievably lost to all consumptive beneficial uses arising from storage, transportation, distribution, or application. Additionally, that amount of ground water made available for alternative or future uses through practices, techniques, and technologies that reduce the consumption of ground water, reduce the loss or waste of ground water, improve the efficiency in use of ground water, or increase the availability of ground water through recycling or reuse.

  (6) Department--The Texas Parks and Wildlife Department.

  (7) Deposit--The authorized placement of a water right or the right to use water in the bank for transfer.

  (8) Depositor--A person who deposits or has on deposit a water right in the bank.

  (9) Lease--To convey by contract the right to use water for a specified time period in accordance with the authorized right and other applicable law.

  (10) Person--Includes, but is not limited to, any individual, corporation, organization, government, or governmental subdivision or agency, including the board, business trust, estate, trust, partnership, association, and any other legal entity.

  (11) Political subdivision--A state agency, a county, city, or other body politic or corporate of the state, including any district or authority created under the Texas Constitution, Article III, §52, or Article XVI, §59, and including any interstate compact commission to which the state is a party and any nonprofit water supply corporation created and operating under Acts of the 43rd Legislature, Chapter 76, First Called Session, 1933 (Texas Civil Statutes, Article 1434a).

  (12) Transfer--The conveyance of a water right or the right to use water under a water right in any of the following manners:

    (A) the conveyance of legal title to a water right; or

    (B) a contract or option contract to allow use of a water right.

  (13) Water right--A right acquired or authorized under the laws of this state to impound, divert, or use state water, underground water, or water from any source to the extent authorized by law.

Source Note: The provisions of this §359.2 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective February 4, 1998, 23 TexReg 782; amended to be effective June 10, 2003, 28 TexReg 4431

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