SECTION 303.11. Records of Diversions--General

(a) The watermaster shall locate, number by river mile or other method, and rate as to capacity all authorized diversion facilities on the Texas bank along the Rio Grande and tributaries, and the owner or operator thereof shall be advised in writing of these facts. When a permanent diversion facility is replaced at the same location or when any changes in rating are made, the diverter shall immediately inform the watermaster prior to diversion. Any change in the location of the diversion facilities and place of use on the Middle or Lower Rio Grande shall be made pursuant to §295.71 of this title (relating to Applications to Amend a Permit) and §295.158(c) of this title (relating to Notice of Amendments to Water Rights), not requiring mailed and published notice. Any change in the location of the diversion facilities and place of use on the Upper Rio Grande and tributaries to the Rio Grande shall be made pursuant to §295.71 of this title (relating to Applications to Amend a Permit) and §295.158(c) of this title (relating to Notice of Amendments to Water Rights) , not requiring mailed and published notice; or §295.158(b) of this title (relating to Notice of Amendments to Water Rights), requiring mailed and published notice.

(b) Each diverter shall request written certification from the watermaster prior to diverting water by identifying the specific certificate of adjudication to be used and the pump number of the pump to be used. When a diverter orders water for a nondiverter, the diverter may request written certification under such diverter's certificate of adjudication or under the certificate of adjudication of the nondiverter to which the diverter is delivering water, but shall report the amount of water diverted for the nondiverter as provided in §303.12(d) of this title (relating to Records - Mainstem Middle and Lower Rio Grande). Certifications will be granted only for diversion from authorized diversion points associated with that water right. Certifications for irrigation water rights will be granted only for delivery of water to the authorized tract(s) covered by the water right or approved contractual sale. Certifications are limited to a maximum diversion period of one calendar month on the mainstream of the Lower and Middle Rio Grande and to one year on the Upper Rio Grande and all tributaries of the Rio Grande.

(c) No certification will be issued which exceeds the maximum annual authorization, in combination with any other certifications issued for that certificate of adjudication in any one year. The watermaster is authorized to cancel a certification or to refuse or modify a request for the diversion of water. Except as provided in §303.44 (relating to the Administration by Watermaster), the watermaster will refuse a request of a diverter if the water rights holder whose water is to be diverted does not have complete ownership records on file with the commission. The watermaster will maintain a list of all water rights holders with incomplete ownership records and will remove names from that list after the executive director notifies the watermaster that the ownership record has been completed.

(d) Each diverter shall post at or near his diversion facility the watermaster certification authorizing the diversion of water. In the event the certification has been granted but is not received by the diverter by the time diversion is authorized, the diverter shall post a written note at or near the diversion facility in lieu of the watermaster certification, stating the pump number and the dates and hours of the request and that verbal authority was given by the watermaster. It is the responsibility of the diverter to make certain that the written note conforms to the time and conditions shown on the watermaster certification. The watermaster certification, upon receipt, shall replace the written note.

(e) Each diverter shall install and maintain measuring devices at the authorized point of diversion which will provide for accurate measurement and accounting of the quantities of water diverted. The installation, maintenance, and operation of measuring devices by the diverter shall be subject to approval of the watermaster. The diverter must ensure the accessibility of the measuring device, so it can be conveniently and safely located and checked by the watermaster. The diverter shall be liable for all expenses incurred in the acquisition, installation, maintenance, and operation of measuring devices.

(f) Each diverter whose diversions are not measured and reported by the International Boundary and Water Commission shall maintain accurate records of water diverted. All pumps used during the reporting period, including borrowed and rented pumps, shall be shown by number on the pump operation report with metered readings or with the number of hours operated for each reporting period. The watermaster will accept as timely all pump operation reports for each diversion pump received within seven days or postmarked within five days from the termination of the certification period. If the pump operation report is incomplete or not timely filed, the watermaster will refuse to issue a new certification until the complete report is filed. Pump operation reports,other than International Boundary and Water Commission diversion reports, received in the watermaster's office are unacceptable:

(1) if unsigned; or

(2) if the measuring device reading is not shown.

(g) Each diverter shall divert water in accordance with the watermaster certification.

(h) Each water right holder or his designated agent shall submit to the commission a written report of the amount of water actually diverted and used during the preceding calendar year under a specific water right in accordance with §295.202 of this title (relating to Reports) and/or §303.54(d) of this title (relating to Responsibilities of Buyer and Seller). The water right holder is responsible for reporting actual use based on the records kept by the water right holder or diverter. The watermaster will not fill out annual surface water use reports.

Source Note: The provisions of this §303.11 adopted to be effective July 2, 1986, 11 TexReg 2889.