SECTION 303.85. Fees for Filing an Application

(a) Fees. Statutory fees must accompany an application in order for it to be considered by the commission. The executive director's staff are expressly prohibited from processing any application unless the proper fees are tendered. The executive director shall charge and collect for the benefit of the state the applicable fees, and it shall be his duty to make a record at the time same becomes due and to render an account to the party charged. Each fee is a separate charge and is in addition to other fees, unless provided otherwise.

(b) Filing, recording, and notice fees. The following fees must be submitted with any application for a water-in-transit permit or any application for an amendment to a water-in-transit permit.

(1) Application filing fees are established as follows.

(A) Fees for a water-in-transit permit application must be based upon the total amount of water requested to be discharged for transit as follows:

(i) less than 100 acre-feet - $100;

(ii) 100 - 5,000 acre-feet - $250;

(iii) 5,001 - 10,000 acre-feet - $500;

(iv) 10,001 - 250,000 acre-feet - $1,000; and

(v) greater than 250,000 acre-feet - $2,000.

(B) Fees to amend a water-in-transit right are $100 per right requested to be amended.

(2) Recording fees are $1.25 per page of the application.

(3) The applicant must pay the total cost of mailing notice to persons in the Rio Grande water division. The executive director will advise the applicant of the number of persons to whom notice is mailed and the total mailing cost. A water-in-transit permit or amendment will require notice to all owners of water rights within the Rio Grande water division of any such application.

(c) Publication. The cost of any required publication must be paid by the applicant directly to the newspaper involved. Publication is required in newspapers of general circulation throughout the basin.

(d) One-time transit fees. A use fee of $1.00 per acre-foot of water discharged for transit shall be charged.

(e) Payment of fees exceeding $1,000. If the total fee for a permit exceeds $1,000, the applicant must pay at least one-half of the use fee when the application is filed, and one-half within 180 days after notice is mailed to the applicant that the permit is granted. If the applicant does not pay all of the amount owed before beginning to use state water under the permit, the permit is annulled and reverts to the status of a pending, filed application requiring notice, the payment of notice fees, and the balance of the use fees.

(f) Maximum fees. The one-time transit use fee shall not exceed $50,000.

(g) Inquiries as to fees. Any inquiries as to fees must be made in advance to the executive director. The applicant is charged with the duty of tendering correct fees according to law. In case of disagreement between the applicant and the executive director over the proper amount of the fees required, the application will be filed "under protest" and the fees paid by the applicant will be placed in suspense until the issue is resolved.

(h) Return of fees.

(1) Other than the filing and recording fees required by statute, all fees paid pertaining to an application for a water-in-transit permit which have not been expended in the processing of the application will be placed in suspense until action is taken by the commission upon the application.

(2) If the permit is not granted, unexpended fees will be returned to the applicant.

(3) If the application is granted in part, excess use fees will be returned to the applicant.

(4) No fees will be returned to any applicant who has failed to notify the executive director of the applicant's social security or federal identification number.

Source Note: The provisions of this §303.85 adopted to be effective October 26, 2006, 31 TexReg 8716