SECTION 303.42. Amendments

The commission will consider applications to amend water rights.

(1) An applicant shall submit to the executive director an application prepared to reflect the desired change(s) and executed as provided in these sections. Applications must meet all of the requirements for an original water permit as set out in Chapter 295 of this title (relating to Water Rights, Procedural) and Chapter 297 of this title (relating to Water Rights, Substantive).

(2) Determination of the type of notice required will be made by evaluating the applications according to §295.158 of this title (relating to Notice of Amendments to Water Rights). One exception to this is that changes in the purpose of use, rate of diversion, point of diversion, and place of use for water rights held in and transferred within and between the mainstems of the Lower Rio Grande, Middle Rio Grande, and Amistad Reservoir will not require mailed and published notice.

(3) Transfer of the point of diversion or place of use of water rights from the Lower and Middle Rio Grande to above International Amistad Reservoir are prohibited; however, transfers may be made between the mainstem of the Lower Rio Grande and the mainstem of the Middle Rio Grande.

(4) Transfers of the point of diversion or place of use of water rights from the Upper Rio Grande into the Middle and Lower Rio Grande below International Amistad Reservoir will be prohibited unless:

(A) an applicable conversion factor has been approved by the commission;

(B) the commission finds that the transfer would not impair other water rights within the Middle and Lower Rio Grande; and

(C) the commission finds that the transfer would not reduce the amount of water available for allocation.

Source Note: The provisions of this §303.42 adopted to be effective July 2, 1986, 11 TexReg 2890; amended to be effective April 26, 2001, 26 TexReg 3013