SECTION 304.15. Declarations of Intent to Divert, Transport, or Release Water

(a) Prior to diverting state water, transporting water, or making a dedicated release, a diverter shall submit to the watermaster a declaration expressing the diverter's intent in regard to the anticipated diversion, transport, or release. Such a declaration of intent must be submitted within the time limitations established by the watermaster. Each diverter shall divert or release water only in accordance with the statements in the declaration of intent.

(b) Each declaration of intent to divert or transport water must identify the specific account under which water is to be diverted; the amount of water to be diverted or transported; a schedule for the diversions; the diversion facility to be used; and the rate at which water will be diverted. Diversion may only be made using authorized facilities, or at points associated with the water right under which the diversion is to be made. Use of water under an irrigation water right may be only for use on the tract(s) authorized by the water right.

(c) Each declaration of intent to make dedicated releases for downstream uses must identify the specific account(s) under which water is to be released; the schedule of releases; the amount of water to be released; the specific account(s) under which the water is to be used; the actual rate at which water will be released; and the identification and location of the user. Dedicated releases will be protected only if the preceding data is provided. Dedicated releases may only be diverted at points authorized by the water right under which the release is made, or an associated approved water contract.

(d) In regard to declarations of intent under either subsection (b) or (c) of this section, the watermaster may require any diverter to provide such additional information as may be necessary for the proper and efficient administration of water rights.

(e) The watermaster shall establish the duration of time for which declarations of intent will remain in effect and may change the duration as conditions warrant. After the end of the duration of a declaration of intent, no further diversion, transport, or release of state water shall be made under that account until a new declaration of intent has been submitted to the watermaster.

(f) A diverter may modify a declaration of intent in regard to the duration, the amount of water to be diverted, the diversion rate, or other specific elements in advance of the desired change.

(g) The watermaster from time to time may determine that it is necessary for the proper and efficient administration of water rights that diversions, impoundments of inflows, or releases of dedicated flow in certain areas, or by certain diverters, may not be made without prior approval by the watermaster. Any such determination will be effective for the period designated by the watermaster.

(h) Salt water diversions and the recirculation of water at a power plant are exempted from any requirements under this section. The watermaster may also exempt any other facility or water right from any requirement under this section due to extenuating circumstances.

Source Note: The provisions of this §304.15 adopted to be effective August 5, 1988, 13 TexReg 3639; amended to be effective May 3, 2006, 31 TexReg 3578