SECTION 303.73. Assessment of Costs

(a) To determine the amount of assessment for each account, computations shall be made by adding together the following elements:

(1) the base charge per account as specified in the commission order adopted in accordance with §303.71 of this title (relating to Costs of Administration) ;

(2) the use fee, which is calculated by multiplying the total amount of water authorized for use under that account by the appropriate assessment rate as determined by §303.72 of this title (relating to Determination of Assessment Rates); and,

(3) the storage fee, which is calculated by multiplying the total amount of water authorized for storage under that account by the storage assessment rate as determined by §303.72 of this title (relating to Determination of Assessment Rates). For any water right authorizing storage and also more than one type of use, a storage fee for the total storage authorization shall be applied to only one of the assessment accounts associated with that water right.

(b) The annual assessment shall be paid to the executive director in advance of expenditures. The executive director shall specify the dates by which payments shall be due, and may provide for payments in installments. Penalties and interest for the late payment of fees shall be assessed in accordance with Chapter 12 of this title (relating to Payment of Fees). If fees are paid in installments, penalties and interest for late payment shall be computed on the amount of the installment due. The executive director shall transmit all collections to the state treasurer to be held in a special fund to provide for the cost of the Rio Grande watermaster operation.

(c) For diversions of no-charge water in accordance with the August 4, 1981 Texas Water Commission order and any subsequent orders relating to the intermittent temporary diversion and use of Rio Grande waters, and for diversions of excess flow water in accordance with water rights authorizing such diversions, assessments will be levied in the fiscal year following the year of the diversion, and will be based on the amount shown by watermaster records to have been diverted. Assessment rates for no-charge and excess flow usage will be the same as for regulating assessments for the particular uses to which the no-charge or excess flow water was applied during the year of the diversion. No assessments will be made for use of less than 50 acre-feet of no-charge or excess flow water, and no base charge or storage fee will applied. The amount of assessment income for no-charge and excess flow uses will not be considered directly in determining the amount of income needed under §303.71 of this title (relating to Costs of Administration).

(d) Water shall not be diverted, taken, stored, or used by any diverter or agent while any assessment payment is delinquent; neither shall an allottee be allocated any additional water or delivered any water until all assessments, plus any applicable reinstatement fees, are received by the executive director. Once the assessments and reinstatement fees are paid in full, an allottee's requests for water will be honored only to the extent water remained in the storage account before the first date of the delinquency in payments, and to the extent water remained in the storage account under §303.22 of this title (relating to Allocations to Accounts). An allottee's storage account will be reduced to zero if the assessment and any applicable reinstatement fees are not paid within a one-year period after the first assessment due date.

(e) On or before September 1, 1989, the commission shall review this section for any appropriate changes.

Source Note: The provisions of this §303.73 adopted to be effective August 26, 1987, 12 TexReg 2684; amended to be effective February 14, 1997, 22 TexReg 1324.