~~~~ ~
COMMISSIONERS' COURT AGENDA REQUEST
• P AS F RNISH r7Nr ~RiriNai aNn ~FVFr.i rnpl OF THI RE~~~FSTanin nnri~MFr.~-r~
TO BE REVIEWED BY THE OURT
MADE BY: Buster Baldwin
MEETING DATE: October 18, 1990
OFFICE: County Commissioner, Precinct 4
TIME PREFERRED: 2:00 p.m.
SUBJECT: (PLEASE BE SPECIFIC): Presentation on the South Texas Water Master Program.
- TEXAS WATER COMMISSION -
Water Rights & Uses Divi
P. TOBY CISNEROZ -
South Texas Wa[ermaster
ESTIMATED LENGTH OF PRESENTATION: cst2>a9a-3sse
1-800-733-2733
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Toby Cisneroz
Time for submitting this request for Court to assure that the matter is posted in
accordance with Article 6252- 1 7 1s as fol lows:
• Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Meetings held on Thursdays: 5:0o P. M. previous Thursday.
If preferable, Agenda Requests may be made on off Ice stationery with the above
Information attached.
THIS REQUEST RECEIVED BY
THIS REQUEST RECE IVE D ON
LR
9-3-90
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action at
time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity.
140 Heimer Road, Suite 360A -
San Antonio, Texas 78232-5028
Effective: August 5, 1988
TEXAS WATER COMMISSION
Permanent Rule Change
Title 31
Texas Administrative Code
Chapter 304
wastermaster Operations
1. Purpose. This change transmittal provides the pages that
reflect changes and additions to the Texas Water Commission
Volume of Permanent Rules.
2. Explanation of Change. On July 12, 1988, the Texas Water
Commission adopted New Chapter 304, entitled "Watermaster
Operations". The proposal was published in the April 5,
1988, issue of the Texas Register (13 TexReg 1596). The
adoption was published in the July 22, 1988, issue of the
Texas Register (13 TexReg 3639).
INDEX
CHAPTER 304
WATERMASTER OPERATIONS
INTRODUCTORY PROVISIONS
§304.1 Applicability
§304.2 Appointment of Watermaster
§304.3 Definitions
REGULATION OF THE USE OF STATE WATER
§304.11 Difference in Operations
§304.12 Identification of Facilities, Outlet Works and
Points of Return
§304.13 Requirement for Measuring Devices
§304.14 Requirement for Outlets for Passage of Water.
§304.15 Declarations of Intent to Divert or Release Water
§304.16 Records of Diversions, Releases, and Impoundments
ALLOCATION OF WATERS
§304.21 Allocation of Available Waters
ENFORCEMENT REGARDING WATERMASTER OPERATIONS
§304.31 General
§304.32 Violations
§304.33 Enforcement Actions
ADMINISTRATION
§304.41 Emergency Actions
§304.42 Reports
§304.43 Ownership
§304.44 Appointment of an Agent
APPEAL OF WATERMASTER ACTIONS
§304.51 Appeal of Watermaster Actions
FINANCING WATERMASTER OPERATIONS
§304.61 Costs of Administration
§304.62 Determination of Assessment Rates
§304.63 Assessment of Costs
~~304.1-394.3
Introductory Provisions
§§304.1-304.3
These sections are promulgated under the authority of the
Texas Water Code, X5.103 and X5.105, which provides the Texas
Water Commission with the authority to adopt rules necessary to
carry out the powers and duties under the Water Code and other
laws of the State of Texas, and to establish and approve all
general policies of the commission. These sections are also
proposed under the Texas Water Code, Chapter 11, Subchapter G,
which establishes the watermaster operations.
§304.1. Applicability. The provisions of this chapter are
applicable to each water division created by the commission
pursuant to the Texas Water Code, X11.325, outside of the Rio
Grande Water Division, and to all water rights and matters related
to water rights within each such water division. Water rights and
matters inside the Rio Grande Water Division are governed by
Chapter 303 of this title (relating to Operation of the Rio
Grande). All other rules promulgated by the commission are also
applicable to the water rights subject to this chapter unless in
conflict with the provisions of this chapter, in which event the
provisions of this chapter shall govern.
§304.2. Appointment of Watermaster. The executive director
may appoint one watermaster for each water division, or the same
person may be appointed watermaster for two or more water
divisions. In a water division in which the office of watermaster
is vacant, the executive director has the powers of a watermaster.
X304.3. Definitions. The following words and terms, when
used in this chapter, shall have the following meanings, unless
the context clearly indicates otherwise:
Account--The record of diversion and use of state water
maintained by the watermaster for each purpose of use authorized
for each owner's separate portion of a water right, or the record
of impoundment and releases for each owner's separate portion of
an on-channel reservoir authorized under a water right, except
those reservoirs exempted in accordance with the Texas Water Code,
X11.142. An account will also be established for each separate
arrangement by a contractual buyer to~purchase state water.
Agent--A person who wishes to act in behalf of a water
right holder in regard to diversion use, impoundment of state
water, payment of a watermaster assessment, or, for a contractual
buyer, in regard to diversion, use, or impoundment of state water.
Allocation--The division of available flow between water
right holders by the watermaster. This also includes regulation
of diversions by water right holders in order to meet demands for
exempt domestic and livestock users.
Assessment--The cost to be levied by the commission to
water right holders to finance watermaster operations.
Printed: 8/88 1
§§304.1-394.3
Contractual buyer--A person who impounds or diverts
water under a contractual permit, or under a particular water
right pursuant to a contract with the holder of that water right,
where such contract has been accepted for filing by the executive
director.
Declaration of intent--A statement submitted by a
diverter to the watermaster describing an intent under a specific
water right or contractual purchase arrangement to divert water,
or to make a dedicated release of stored water, for a specified
period of time and in association with an authorized facility.
Dedicated release--The release of lawfully stored water
from a reservoir, under a specific water right, for specific
authorized uses downstream.
Diversion facility--Any dam, pump, canal or other such
device used to take water, for other than exempt uses, from a
watercourse or impoundment.
Diverter--Any water right holder, agent, or contractual
buyer who impounds, takes, diverts, or makes a dedicated release
of state water.
Measuring device--A device designed for the measurement
of rates of flow and/or quantities of water.
Report of diversion, release, or impoundment--A report
which the diverter is required to submit to the watermaster after
recording the amount of water actually diverted or released during
the period of a declaration of intent, or a report for the
impoundment of water, as well as any additional information
required by the watermaster. The watermaster may specify a report
period that is different from the declaration of intent period.
Return flow--The entry into a stream or reservoir of
water following its use for municipal, industrial, irrigation or
other purposes.
Salt water diversion--Diversion of state water from the
Gulf of Mexico or its bays and arms, or any watercourse or
reservoir subject to tidal influence, or when the water right
specifies diversion of salt or brackish water; and where, for such
cases, the diversion has no significant adverse effect on the
supply of water for other authorized diverters, and the diversion
does not require protection from junior appropriators.
Water division--A specific area of the state, designated
by the commission pursuant to the Texas Water Code, §11.325, for
the purpose of administering water rights.
Watermaster--The person appointed by the executive
director pursuant to the Texas Water Code, §11.326(a}, to
administer water rights in a given water division or group of
water divisions.
Water right--A right acquired under the laws of the
state and the rules of the Texas Water Commission to impound,
divert, andlor use state water. Contractual permits and water
contracts are not included under this definition.
Printed: 8/88 2
§$304.1-394.3
Water right holder--A person or entity who owns a watex
right. In the case of divided interests, this term will apply to
each separate owner.
Printed: 8/88 3
§§304.11-304.16
Regulation of the Use of State Water
§304.11 - 304.16
These sections are promulgated under the authority of the
Texas Water Code, X5.103 and X5.105, which provides the Texas
Water Commission with the authority to adopt rules necessary to
carry out the powers and duties under the Water Code and other
laws of the State of Texas, and to establish and approve all
general policies of the commission. These sections are also
proposed under the Texas Water Code, Chapter 11, Subchapter G,
which establishes the watermaster operations.
§304.11 Difference in Operations. The executive director
may establish different strategies, timetables, procedures and
other requirements for different water divisions or for different
portions of a water division.
X304.12 Identification of Diversion Facilities, Outlet
Works and Points of Return. Each diverter shall advise the
watermaster of all diversion facilities, reservoir controlling
works, and significant return flow points to be employed in the
use of state water. This includes borrowed and rented pumps. The
watermaster shall assign an identification number for each
diversion facility and the controlling works of each reservoir
authorized under a water right within the water division. Also,
the watermaster may assign an identification number for any point
of discharge or other point at which water is returned to a
watercourse or reservoir.
X304.13. Requirement for Measuring Devices.
(a) Each diverter, and each person who makes a significant
return flow, shall install and maintain a measuring
device at such point or points as may be determined by
the watermaster to be necessary for proper and efficient
administration of water rigY~ts. All such measuring
devices shall be subject to approval of the watermaster.
The measuring devices shall measure within five percent
accuracy, unless otherwise alpproved by the watermaster.
The diverter shall provide reasonable access to such
measuring device. The diverter, or person who makes a
return flow, shall be liable for all expenses incurred
in the acquisition, installation, maintenance and
operation of such measuring devices. In the event a
measuring device becomes inoperable, the diverter, or
person who makes a return flow, at the direction of the
watermaster, shall provide an alternate method of
measurement, or estimation acceptable to the
watermaster.
(b) Unless required by a permit, certificate of adjudica-
tion, or other water right, the following types of
diversions and return flows associated with such
Printed: 8/88 1
§§304.11-304.16
diversions shall be exempt from the requirement to
install and maintain measuring devices; provided,
however that the watermaster may require any such
diverter, or any person making return flows, to provide
an alternate method of estimating diversions or return
flows acceptable to the watermaster:
(1) diversions of water by spreader dams;
(2) diversions of water for hydroelectric generation;
(3) salt water diversions;
(4) diversions of water for direct input from a cooling
pond and/or cooling reservoir into an electric
steam power plant for cooling purposes and return
flows of such water to a cooling pond;
(5) wastewater effluent for which the return flow is
being measured and reported in a manner consistent
with commission standards relative to wastewater
discharge regulations; and
(6) any other diversion or return flow of water that
the watermaster may deem appropriate.
§304.14. Requirement for Outlets for Passage of Water. The
owner of any works for the diversion or storage of water shall
maintain a substantial headgate at the point of diversion, or a
gate on each discharge pipe of a pumping plant, constructed so
that it can be located at the proper place by the watermaster, or
a suitable outlet in a dam to allow the free passage of water that
the owner of the dam is not entitled to divert or impound.
§304.15. Declarations of Intent to Divert or Release Water.
(a) Prior to diverting state 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 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 accor-
dance with the statements in the declaration of intent.
(b) Each declaration of intent ~o divert water shall
identify the specific account under which water is to be
diverted; the amount of water to be diverted; a schedule
for the diversions; the diversion facility to be used;
and the rate at which water will be diverted. Diversion
shall 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 shall 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 shall identify the specific
account(s) under which water is to be released; the
schedule of releases; the amount of water to be
Printed: 8/88 2
§§304.11-304.16
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 shall
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 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
shall 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.
§304.16. Records of Diversions, Releases, and Impoundments.
(a) Each diverter who has submitted a declaration of intent
shall submit to the watermaster a report including the
actual amount of water diverted or released during the
period of the subject declaration of intent. Water
right owners with accounts for impoundment will submit
reports of daily inflows, reservoir levels, diversions,
and releases to the watermaster. The watermaster may
specify a report period. The report period may be
different from the period of the declaration of intent.
The watermaster shall provide forms to be used for the
reports. Each diversion or impoundment facility,
including borrowed and rented pumps, used during the
Printed: 8/88
§§304.11-304.16
period of the declaration of intent shall be designated
on the report by the identification number assigned by
the watermaster. Reports must be complete and signed by
the diverter. Reports must be received or postmarked
within seven days from the termination of the period of
the declaration of intent, or other report period
specified by the watermaster. If such report is
incomplete or not timely filed, the watermaster may
cancel any existing declaration of intent for that
account and allow no further impoundment, diversion or
dedicated release until the report is properly filed.
(b) To the extent that water was available for diversion
during the period of a declaration of intent, the
subject account will be charged as follows.
(1) If the actual diversion is within 10$ of the amount
stated in the declaration of intent, the charge
will be the actual amount diverted.
(2) If the actual diversion is greater than 110 of the
amount stated in the declaration of intent, the
charge will be the amount actually diverted plus
twice the amount greater than 110°x.
(3) If the actual diversion is less than 90~ of the
amount stated in the declaration of intent, the
charge will be 90~ of the stated amount.
{4) For a declaration of intent that was modified,
including cancellation or extension, the charge
will consist of the sum of two parts, one for the
period before modification, and one for the period
after modification. For each of the two periods,
the charge will be determined by applying paragraph
(1}, (2), or (3) of this subsection relative to the
amount declared for the particular period. If a
modified declaration of intent is subsequently
modified further, resulting in multiple parts, the
procedure described in this subsection will be
applied to each part.
(c) Any amount charged under subsection (b) of this section
will apply against the yearly authorization, but only
the amount of water actually diverted will apply toward
perfection of a water right.
(d) The watermaster shall have the discretion to waive the
accounting provisions contained in subsections (b) and
(c) of this section for excessive or inadequate
diversions due to circumstances beyond the control of
the diverter.
(e) In addition to the report to be submitted to the
watermaster pursuant to subsection (a) of this section,
each water right holder or his agent shall submit to the
executive director a written report of the amount of
water actually diverted and used during the preceding
calendar year under a specific water right in accordance
Printed: 8/88 4
~~304.11-304.16
with §295.202 of this title (relating to Reports). This
report is required even if no water is used. The form
for this report can either be one furnished by the
executive director, or be a form approved by the
executive director prior to the submission of the
report.
Printed: 8/88 5
§304.21
Allocation of Waters
§304.21
This section is promulgated under the authority of the Texas
Water Code, §5.103 and §5.105, which provides the Texas Water
Commission with the authority to adopt rules necessary to carry
out the powers and duties under the Water Code and other laws of
the State of Texas, and to establish and approve all general
policies of the commission. This section is also proposed under
the Texas Water Code, Chapter 11, Subchapter G, which establishes
the watermaster operations.
§304.21 Allocation of Available Waters.
(a) The allocation of water between water rights holders
shall be on the basis of seniority, which may be
modified as provided in subsection (b) of this section.
The watermaster shall allocate waters in such a way as
to maximize the beneficial utilization of state water,
to minimize the potential impairment of senior water
rights by the diversions of junior water rights holders,
and to prevent waste or use in excess of quantities to
which the holders of water rights are lawfully entitled.
(b) In administering water rights, the watermaster shall
take into account any exceptions to the priority system
as directed by the commission relative to the Wagstaff
Act, Texas Water Code, §11.028.
(c) The executive director may request suspension of any or
all special streamflow or minimum release requirements.
Such a request shall be considered under §297.61 of this
title (relating to Amendments by Executive Director).
(d) When available flow is not sufficient to meet the
demands of existing declarations of intent for down-
stream senior rights, demands for domestic and livestock
purposes that are not included under any water right, or
other minimum streamflow requirements that the commis-
sion determines necessary for purposes other than
protection of downstream senior and superior water
rights, the watermaster may:
(1) cancel or modify, as needed, any existing declara-
tion of intent made pursuant to §304.15 of this
title (relating to Declarations of Intent to
Divert, or Release Water);
(2) order that water right holders with reservoir(s)
allow inflows to pass through such reservoir(s) to
the extent necessary to honor downstream senior
water rights, demands for domestic and livestock
purposes, minimum streamflow requirements, minimum
release requirements, and other conditions;
(3) order that diverters limit or cease diversions to
the extent necessary to honor downstream senior
water rights, demands for domestic and livestock
Printed: 8/88 1
§304.21
purposes, minimum streamflow requirements, minimum
release requirements, and other conditions; and/or
(4) take any other action necessary to ensure that
downstream senior water rights, demands for
domestic and livestock purposes, minimum streamflow
requirements, minimum release requirements, and
other conditions, are administered in accordance
with the laws of Texas.
Printed: 8/88 2
§§304.31-304.33
Enforcement Regarding Watermaster Operations
§§304.31 - 304.33
These sections are promulgated under the authority of the
Texas Water Code, §5.103 and §5.105, which provides the Texas
Water Commission with the authority to adopt rules necessary to
carry out the powers and duties under the Water Code and other
laws of the State of Texas, and to establish and approve all
general policies of the commission. These sections are also
proposed under the Texas Water Code, Chapter 11, Subchapter G,
which establishes the Watermaster operations.
§304.31 General. The Watermaster or executive director may
pursue appropriate enforcement action when there is a violation of
the Texas Water Code, the terms of a water right, or a commission
order or rules.
§304.32 Violations.
(a) It shall be a violation for any person to do the
following:
(1) divert, use, or make a dedicated release of state
water, either personally or through another,
without proper authorization under the Texas Water
Code or any applicable final judgment rendered by a
court of competent jurisdiction, ar without
submitting to the Watermaster a declaration of
intent in accordance with §304.15(a) or (g) of this
title (relating to Declarations of Intent to Divert
or Release Water);
j2) impound without proper authorization under the
Texas Water Code or any applicable final judgment
rendered by a court of competent jurisdiction;
(3) fail to modify a declaration of intent in advance
of a desired change as provided in §304.15(f) of
this title (relating to Declarations of Intent to
Divert, or Release Water);
(4) fail to provide a measuring device as required in
§304.13 of this title (relating to Requirement for
Measurement Devices);
(5) fail to provide an outlet as required in §304.14 of
this title (relating to Requirement for Outlets for
Passage of Water);
(6) refuse to allow, or to interfere with, the
inspection of any land, natural watercourse,
artificial waterway, impoundment, return flow
point, or diversion facility by an employee of the
commission that would assist the commission in the
discharge of its duties;
(7) break, tamper with, or mutilate any seal or other
device used to enforce orders of the commission,
executive director, court, or Watermaster; or
Printed: 8/88 1
§§304.31-304.33
(8) fail to comply with any statute, rule or order of
the commission.
(b) The list of violations in subsection (a) of this section
is not exclusive.
§304.33. Enforcement Actions. When a violation under
§304.32 of this title (relating to Violations) occurs, the
watermaster or the executive director may seek voluntary compli-
ance, or may pursue appropriate enforcement action. In the
absence of voluntary compliance:
(1) The watermaster may refuse to recognize a declara-
tion of intent;
(2) The watermaster may lock headgates or pumping
facilities or take other necessary actions to
effectively cease diversion, impoundment or release
of state water under the account associated with
the violation; provided, however, that for
violations of §304.32(a)(4) or (a)(5) of this title
(relating to Violations), the diverter shall be
given at least 10 days notice prior to any such
action by the watermaster;
(3) The executive director may seek a hearing before
the commission culminating with the issuance of an
appropriate order; if such an order is subsequently
violated, the matter may be referred to the
attorney general for appropriate action in a court
of competent jurisdiction;
(4) The executive director may refer the violation to
the attorney general for appropriate legal remedy
in a court of competent jurisdiction, which may
include a penalty assessment to the maximum extent
allowed by law; and/or
(5) The executive director may seek any other appro-
priate remedies or action available at law.
Printed: 8/88 2
§304.41-304.44
Administration
§§304.41-304.44
These sections are promulgated under the authority of the
Texas Water Code, §5.103 and §5.105, which provides the Texas
Water Commission with the authority to adopt rules necessary to
carry out the powers and duties under the Water Code and other
laws of the State of Texas, and to establish and approve all
general policies of the commission. These sections are also
proposed under the Texas Water Code, Chapter 11, Subchapter G,
which establishes the watermaster operations.
§304.41. Emergency Actions. The watermaster may take any
reasonable action appropriate to alleviate emergencies.
§304.42. Reports. The watermaster shall submit a quarterly
report to each water right holder or his agent who has a diversion
account. A water right holder or agent may apply in writing to
the watermaster for correction of any alleged errors in the
report. Any such application must be received by the watermaster
within 20 business days following the date the report from the
watermaster was postmarked.
§304.43. Ownership. When a water right is sold or otherwise
transferred the new owner shall promptly inform the executive
director of the change of ownership and shall provide the
appropriate ownership documents. If a tract of land to which a
smaller water right acreage is appurtenant is owned by more than
one person in divided interest, the executive director may
administratively divide the water right among the owners on a pro
rata basis by acreage. If the new ownership record is not
complete, the executive director shall inform the alleged owner by
letter that ownership documents must be filed within 30 days and
approved by the executive director. During a 60-day period
following the date of the executive director's letter, the
watermaster will honor declarations of intent by the alleged owner
in accordance with tY~e water right. After the 60-day period, no
declaration of intent will be honored until the executive director
notifies the watermaster of the approved change in ownership.
Requests for extension for the initial 60-day period must be
submitted in writing to the executive director at least five
business days prior to the end of the 60-day period. If the
extension is granted, the watermaster may honor declarations of
intent for the alleged owner; otherwise no declaration of intent
from the unverified owner will be honored.
§304.44. Appointment of an Agent. Any person purporting to
act for any water right holder, in regard to diversion, use, or
impoundment of state water, or payment of a watermaster assess-
ment, or for a contractual buyer, in regard to diversion, use, or
impoundment of state water, shall submit to the watermaster a
Printed: 8/88 1
§304.41-304.44
document signed by such water right holder confirming such
authority and specifying the duration of such authority.
Printed: 8/88 2
§304.51
Appeal of Watermaster Actions
§304.51
'this section is promulgated under the authority of the Texas
Water Code, §5.103 and §5.105, which provides the Texas Water
Commission with the authority to adapt rules necessary to carry
out the powers and duties under the Water Code and other laws of
the State of Texas, and to establish and approve all general
policies of the commission. This section is also proposed under
the Texas Water Code, Chapter 11, Subchapter G, which establishes
the watermaster operations.
§304.51. Appeal of Watermaster Actions. Any person
dissatisfied with any action of the watermaster may apply to the
executive director for relief under the Texas Water Code, §11.326.
Printed: 8/88 1
§§304.61-304.63
Financing Watermaster Operations
§§304.61-304.63
These sections are promulgated under the authority of the
Texas Water Code, §5.103 and §5.105, which provides the Texas
Water Commission with the authority to adopt rules necessary to
carry out the powers and duties under the Water Code and other
laws of the State of Texas, and to establish and approve all
general policies of the commission. These sections are also
proposed under the Texas Water Cade, Chapter 11, Subchapter G,
which establishes the watermaster operations.
§304.61. Costs of Administration. In accordance with the
Texas Water Code, §11.329, all holders of water rights that are
administered by a watermaster shall reimburse the commission for
the expenses of watermaster operations. An assessment account
shall be established for each water right holder for each water
right authorization by category of use. The total assessment for
each assessment account shall be the sum of a uniform base charge
and, as applicable for that assessment account, either a use fee
or a storage fee, or both. The executive director shall file with
the commission a copy of the proposed budget. Following a public
hearing, the commission shall issue an order for each water
division or group of water divisions, as the commission may
determine to be appropriate, approving the assessment income
needed for the watermaster operations for the assessment period
under consideration. The order shall also specify the base charge
per assessment account and the reinstatement fee for delinquent
assessment payment.
§304.62. Determination of Assessment Rates.
(a) After a commission order is issued approving the
assessment income needed for the watermaster operations
for the assessment period under consideration, the
executive director shall calculate assessment rates for
water use and storage for each water division, or group
of divisions, based on the following formula:
Printed: 8/88 1
~§304.61-304.63
Municipal I-M(N)
Assessment =
Rate (RFC) (AFB) + AF, + (RFz) (AF2) + (RFC (AFB ... (RFC) (AFB)
where:
l	Income needed to meet the adopted budget		
M	Base charge per assessment account		
N	Total number of assessment accounts to be assessed in each water division or
	group of water divisions		
n, s	Code br type of use or for storage		
RFC. RFC	Rate factor for each the following categories of use:	
	munidpal . - ---- -- ...................................._.................._...~._..._........__...._._...._............_.......	RF ,	=t .00
	industrial -consumptive _ ..............._....................._................._.............___................	RF =	=1.00
	irrigation ......................................__.__.........__....__.................._~.._............................._.................	RF ,	=0.80
	mining -consumptive ._.._........._ ........................_.._.................................._.......................	RF ~	=1.00
	recreation -consumptive _..._.......__ .................__._.......................................................	RF a	=1.00
	non-consumptive (industrial		
	mining recreatfon) ........._____.._ ................._._..._.........._........_...._......_..............	RF a	=0.20
	hydroelectric -priority ............_ ..............._..................................._.....................---................	RF ,	=0.20
	hydroelectric -non-priority_ ................................................._................_........................	RF a	=0.05
	recharge for underground storage ............._.._..............._..............___.........._...	RF o	.0.50
	salt water..._........_ ..................._....._.._......__._.............._..__........._...__......_~..__...._.._	RF,o	x0.05
	spreader dam diversion ..._........____....._...___...._..______._...........__........	RF„	•0.40
	secondary use ........................__._....___....__._......._.__......._..~..........._.._____......_...	RF1z	x.50
	on-channel storage _.._._._...__._....__...__.._._......_.__..________.___	RF ~	=0.40
AF~.AF~: Total diversion, or storage, authorizatan for all water rights to
be assessed in each water division or group of water divisions,
for each of the above categories of use, which are defined as
fotbws:
Printed: 8/88 2
~~304.61-304.63
Municipal--The total amount of water authorized for diversion
under a water right for this purpose, including non-exempt
domestic and livestock uses;
Industrial, Mining, Recreation, or Salt Water Diversions--The
total amount of water authorized for consumptive use for each of
these categories of use under a water right. In the event there
is no specific authorization for consumptive use, the assessment
shall be based on the total amount of water authorized for
diversion under the water right. Diversions that do not conform
to the definition for salt water diversion in §304.4 of this
title (relating to Definitions) will be assessed at the rate for
the category of use(s) authorized by the water right. For any
diversion that would fit the salt water diversion definition
except for the fact that the watermaster may be required to
protect that water right against junior appropriators, the water
right holder or agent may achieve conformity with the definition,
and be assessed at the salt water rate, by providing to the
executive director, at least 60 days in advance of assessment
billing, an affidavit waiving such protection. Such an affidavit
shall be subject to approval by the executive director and shall
specify the duration for waiving such protection, but shall not
be for less than one assessment accounting period, and shall be
coterminous with assessment periods as establish by the commis-
sion.
Nonconsumptive Industrial, Mining, or Recreation--under a given
water right where part of the authorization for one of these uses
is specified as being consumptive, the remainder will be
considered nonconsumptive.
Irrigation, Hydroelectric (Priority and Non-priority), Recharge,
Spreader Dam Diversions, or Secondary Use--the total amount of
water authorized for diversion for each of these categories of
use under a water right.
On-channel Storage--the total conservation storage authorized for
impoundment under a water right. This category includes only
on-channel reservoirs authorized under the Texas Water Cade,
except those reservoirs exempted in accordance with the Texas
Water Code, §11.142.
Printed: 8/88 3
§§304.61-304.63
(b) After the assessment rate for municipal use has been
determined, the assessment rates for the other uses or
for storage shall be calculated as the mathematical
product of the municipal assessment rate and the rate
factor for each use or for storage.
§304.63. Assessment of Costs.
(a) To determine the amount of assessment for each
assessment account, computations shall be made by
adding together a base charge as specified in the
commission order adopted in accordance with §304.61 of
this title (relating to Costs of Administration) and,
as applicable, either or both of the following:
(1) a use fee, which is the mathematical product of
the total amount of water authorized for use under
that assessment account and the appropriate
assessment rate as determined by §304.62 of this
title (relating to Determination of Assessment
Rates); provided, however, that if the water right
authorizes more than one type of use, and if the
maximum amount of water authorized to be used
annually for all uses (the maximum total author-
ization) is less than the sum of the maximum
amounts authorized to be used annually for each
use (the sum of all authorizations), then, in
calculating the fee for each account the number to
be used for the authorized amount shall be the
product of the maximum total authorization and a
fraction whose numerator is the amount of water
authorized for that use, and whose denominator is
the sum of all authorizations; and also provided
that the water right holder or the executive
director may apply to the commission for, and the
commission may grant, an order providing, for
assessment purposes only, that different portions
of the total amount of water authorized be applied
to the various authorized uses; and
(2) a storage fee for on-channel storage, which is
calculated by multiplying the total amount of
water authorized for conservation storage under
that assessment account by the storage assessment
rate as determined by §304.62 of this title
(relating to Determination of Assessment Rates).
For any water right authorizing storage and more
than one type of use for the same owner, the
storage fee for that owner's total storage
authorization shall be applied to the assessment
account for any one of the uses associated with
that owner.
(b) The assessment shall be paid to the executive director
in advance of expenditures. The executive director
Printed: 8/88 4
§304.61-304.63
shall specify the dates by which payments shall be due,
and may provide for payments in installments. 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 watermaster operation.
(c) Water shall not be diverted, taken, stored, or used by
any diverter or agent while any assessment payment is
delinquent.
(d) Either the water right owner or agent shall pay the
assessment, but only one person per assessment account
shall be authorized to pay assessments.
Printed: 8/88 5
the
Text
wanton
~~A~m
P ~ 8ox ~ 30813081
181 > >'
as
Austin, Tex
ay~ `
`~;~
^;':
r ~
~ ~
lLelf~na7
~~ Waxer
~ Commission
1
ATERMASTER
Local monitoring of the use
and atiocotion of Texos waters
As part of an on-going program,
the Texas Water Commission is
expanding its watermaster
operations to gradually include all
river basins in the state.
The following pamphlet discusses
the background of this TWC
program and answers questions
commonly asked about
watermaster operations.
~~ consumption levels in the mc'~,e
necessary to quickly determine
hat is the history behind allocations during low-flow
the TWC Watermaster periods.
Program?
Procedures for the adjudication' of
surface water rights in Texas were
established in the Water Rights
Adjudication Act, passed by the
Texas legislature in 1967. The Act
also provides for establishing
watermaster operations in areas
that have been adjudicated. Both
of these functions are the
responsibility of the Texas Water
Commission.
This adjudication act was largely
the result of o #ifteen year court
battle over water rights in the
Lower Rio Grande Valley, which
ended in 1971. Since that time, a
watermaster has overseen water
allocation to rights holders in the
Lower Valley. That watermaster
operation was expanded in 1985
to include-the Middle and Upper
Rio Grande, to' a point near
la Paso known as Fort Quitman.
When drought struck Texas in
' ~ 1984, river levels declined and
arguments flared over who hac
rights to the remaining water. T
TWC's central office was
overloaded and under-equippe
to handle the influx of disputes
o timely manner.
The drought ended and the
j disputes were eventually resoty~
However increasing demands ff
water and future climactic chap
will no doubt repeat the 1984
scenario. As past experience
shows, leng#hy arguments can
even lead to long and expensir
court battles, such as the lower
Grande lawsuit mentioned
previously.
The expanded watermaster
program will localize the water
allocation function and provide
fair, responsive action in times
crisis.
For the rest of the state, water
rights disputes hove been handled
through the TWC's complaint
system. This system is centralized in
Austin and cannot locally monitor

1 The administrative prooeduro by which the Texas Wafer Commission,
with court review, makes o determination of the validity and extent o1
daims for water riphh.
Z
es the watermaster
program affect ground
water rights or domestic and
livestock users of surface
water?
No. The watermaster has no
authority to regulate ground
wote;. Watermaster operations
deal only with use of surfoce
water, specifically streams and on-
channel reservoirs2.
Although domestic and livestock
users generally are not regulated,
they do gain some benefit since
the watermaster protects their
right to streamflow. Domestic use is
use by an individual or family for
genera! household purposes. This
use includes town, garden, or
orchard watering, as long as no
produce is sold. Livestock use is the
watering of open-range livestock;
irrigation of pasture for livestock is
not included in this definition.
O
2;1n ;mpou„a,o.n- hxoted .o,ho- th. daT is acres o stream, and
the oroa covered by the stored water includes the sMOm bed.
4
an the watermaster
cancel or modify surface
water rights if they ore not
used every year?
No. Only the Texas Water
Commission can cancel or modify
legally established surface water
rights, and only to the extent those
rights hove not been used for a
period of at leost ten years.
Before a right con be cancelled or
modified, a water right holder3 is
given an opportunity to present his
side of the matter at a hearing. In
this way, he can present evidence
to prove that the water has been
used during this ten-year period or
to describe any extenuating
' circumstances that prevented him
from exercising his right to use
water. A water right holder may
appeal any adverse decision of
i the Texas Water Commission to
district court.
0
9 The own« of a permit « oth« right acquired undo the laws of tha
stab to impound, divert «use sate woMr.
6
.~'~
re crt~es and other
entities regulated by the
watermaster program along
with agricultural users of
surface water?
Yes. All surface water users with
water rights are subject to the
watermaster program. This
includes industries, as well as
cities, river authorities, or any
other governmental body with a
water right.
hat does the
watermaster do?
A watermaster's main function is to
protect water right holders by
monitoring all users of surface
water to assure that water is used
in accordance with established
rights. In the event of o surface
water shortage, the watermaster
also allocates water among water
right holders according to their
legally established priority.
ow is state water
allocated between users?
6
State law requires that water'ue
allocated between users according
to the principle of "first-in-time is
first-in-right."
For example, farmer Jones has a
1920 priority water right and the
ABC Company has a 1925 priority
water right. In the event of a
shortage, Jones is legally entitled
to water before the company
because of his earlier priority
date. The watermaster's function
in this situation would be to make
sure Jones is able to assert the
priority of his water right.
oes that mean the
watermaster can tell me
how and when to use my
surface water?
Not when there is enough surface
water for everyone. However,
when there is a shortage, the
watermaster will attempt to work
out a schedule to benefit as many
water right holders as possible. In
some cases, he may have to
temporarily suspend some
diversions' based on priority dates
in order to honor senior rights.
4 The romoval of pant water from o watercourse or the roleass from
any autheri:ad impoundment for any use, Wher than exempt
domestic/lirsstock use.
7
l t
^ South Texas
Water Division
^ Rio Grande Water Division
currently regulated by
Rio Grande Watermoster
^ Rio Grande Water Division
currently not regulated
by Watermoster (regulotion
projected to begin in FY 1992).
Weslaco
texas Water
Commission
Watermoster
Divisions ~, ~ N ~
8 9
re watermaster decisions
final in all cases, or can they
be appealed?
If you ask the watermaster to
reconsider and still are not
satisfied, you may appeal to the
Executive Director of the Texas
Water Commission and then
subsequently to the Texas Water
Commission itself.
ow does the watermaster
actually regulate use of
water?
Water right holders need to notify
the watermaster when diversions
are planned so the watermaster
can determine if there is enough
streamflow to meet all demands at
that time.
After telephoning with your
proposed schedule, you can
proceed unless the watermaster
informs you that there is o
shortage. In the South Texas
Water Division, a toll free
telephone number is available for
water rights holders to tail their
watermaster without charge
(800/733-2733).
hat if 1 tell the
watermaster of my plan to
irrigate next week, and
pump the first day, but then
it rains?
!f you need to change the
schedule you have given the
watermaster, you should notify the
watermaster of that change as
soon as possible. A lack of
notification may deprive other
people of the opportunity to divert
water.
w are watermaster
operations paid for?
The Texas Water Code provides
that the holders of water rights in
a watermaster area wilt pay for
that operation. in the South Texas
Water Division, the assessment
consists of a X50 annual bose
charge for each account, plus a
fee based on the total amount of
water authorized annually.
0
~~
For ex~.~riple, the present rate for
irrigation in that division is about
five cents per acre-foot. Under this
formulo, a water right holder with
a 100 acre-foot irrigation right will
be billed $55 per year (a $50
base charge, plus a $5 authorized
use fee).
hat are the assessment
funds used for?
All fees collected from each
watermaster operation are placed
in a separate fund and used only
to pay the administrative and
support costs of that operation.
Any money which is. not used is
applied toward reducing the next
year s assessment.
ow often are assessments
billed, and do they remain
the same or vary?
Assessments are billed yearly. The
rote may vary from year to year,
but significant changes are not
anticipated.
~Z
hat if someone doesn't
pay the assessment?
The Water Code provides that no
use, diversion or storage of state
water will be allowed under an
account that is delinquent in
payment.
ow will the watermaster
know how much water 1
have used?
Watermaster staff will make
periodic checks to verify proper
diversions. Most authorized users
will be required to install a
measuring device, such as a flow
meter, to measure how much
water is being diverted.
ODO
13
01 have to pay for the
meter? If so, what is the cost
and where would 1 get one?
Yes, the water right holder is
responsible for the cost of
measuring devices. Although
prices vary, the cost for a four to
six inch pump is approximately
$300 to $600. Meters are
available from many irrigation
equipment suppliers, or from
metering equipment suppliers.
Although the TWC cannot
recommend a particular
manufacturer, the watermaster
can provide a list of well known
suppliers. The TWC recommends
that you join with other water right
holders to arrange dealer
demonstrations and obtain group
purchase prices.
re there any exceptions
to the requirement for
meters?
The present watermaster rules
provide certain exemptions, such
as hydroelectric and salt water
diversions. The rules also allow the
watermaster to determine
exemptions on a case by case
14
basis. For example, small di ersion
situations and hardship cases may
be exempted.
hen will I have to have
a meter?
The watermaster will notify you of
the time frame for installation. You
will be given at feast a year from
the time the watermaster notifies
you of the need to have a meter.
ill the watermaster stop
use by people who don't
have water rights?
Illegal use of water by persons
who do not have a water right is
not fair to those who comply with
the law. Therefore, action will be
taken to enforce the law and stop
any illegal users.
0
15
an a person build a dam
on his property without a
permit?
Yes, in certain situations. A person
is allowed to construct a reservoir
with a capacity of 200 acre-feet or
less on anon-navigable stream as
long as the use of water from the
reservoir is for domestic or
livestock purposes only.

For more information of the TWC
Watermaster Program, please contact
the Water Rights Administration Section
of TWCs Water Rights 8 Uses Division at
512/463-7922; or call the watermoster
office in your area:
Ria Grande Watermaster:
Weslaco Office-512/968-5481
Eagle Pass Office-512/773-5059
Laredo Office--512/722-6966
South Texas Watermaster:
San Antonio Office-512/494-3556
(or toll free 800/733-2733)

~~