Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 295 - WATER RIGHTS, PROCEDURAL
Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS
Division 11 - REQUIREMENTS FOR APPLICATIONS FOR AUTHORIZATIONS TO USE BED AND BANKS
Section 295.113 - Application to Convey Water In Bed and Banks

Universal Citation: 30 TX Admin Code § 295.113

Current through Reg. 50, No. 13; March 28, 2025

(a) The purpose of this section is to provide the application content requirements for a bed and banks authorization under Texas Water Code § 11.042(c).

(b) A person wishing to place water into a stream or watercourse, convey the water in the watercourse or stream, and subsequently divert such water shall file an application with the commission containing the following information:

(1) the name, mailing address, and telephone number of the applicant;

(2) the name of the stream and the locations of the point of discharge and diversion as identified on a USGS 7.5 minute topographical map(s);

(3) the source, amount, and rates of discharge and diversion;

(4) a description of the water quality of the water discharged and, if applicable, the permit number and name of any related discharge permit;

(5) if the water to be placed into the stream is from an existing, authorized interwatershed or interbasin transfer, a certified copy of the related water right;

(6) if the water placed into the stream is from a proposed interwatershed or interbasin transfer, the information required by this subsection shall be provided in the application for the interwatershed or interbasin transfer and the bed and banks authorization shall be combined with the authorization for the interbasin transfer;

(7) the estimated amount of water that will be lost to transportation, evaporation, seepage, channel or other associated carriage losses from the point of discharge to the point of diversion;

(8) an assessment of the adequacy of the quantity and quality of flows remaining after the proposed diversion to meet instream uses and bay and estuary freshwater inflow needs; and

(9) any other information the executive director may need to complete an analysis of the application.

(c) An application under this section may be combined with an application for a wastewater discharge for purposes of a consolidated permit proceeding.

(d) Nothing in this section shall be construed to affect an existing project for which all required water rights and reuse authorizations have been granted by the commission prior to September 1, 1997.

(e) The method and calculation of carriage losses under this section is subject to the review and approval of the executive director.

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