Proposed Rule Review
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (TNRCC or commission)
proposes the review of Chapter 297, Water Rights Substantive.
The commission concurrently proposes amendments to Chapter 297 in the Proposed
Rules section of this issue of the
Texas Register
.
A proposal for review was previously published in the November 27, 1998,
issue of the
Texas Register
(23 TexReg 11971).
The commission wishes to repropose the review at this time.
The commission proposes to review these rules as required by as required
by Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9-10.13. Section 9- 10.13 requires state agencies to review
and consider for readoption each of their rules every four years. The reviews
must include an assessment that the reason for the rules continues to exist.
The commission has reviewed the rules in Chapter 297 and determined that the
reason for adopting those rules continues to exist. The rules are necessary
for the regulation of state waters by the commission.
Chapter 297, Water Rights Substantive, was adopted pursuant to Texas Water
Code, Chapter 11, Water Rights. The rules are necessary to provide details
of the substantive requirements, including requirements for obtaining different
types of permits or authorizations, how the commission decides whether to
grant a permit, definitions of terms used in water rights, consideration of
environmental effects in permitting, and requirements for cancellation of
a water right, to implement the provisions of Chapter 11.
Chapter 297, Subchapter A, Definitions, provides definitions of terms used
throughout the water rights rules. Subchapter B discusses the different types
of water rights permits and authorizations which can be obtained from the
commission. Subchapter C describes the uses which are exempt from permitting,
including domestic and livestock use, mariculture activities, fire and emergency
use, and irrigating certain historic cemeteries. Subchapter D governs diversions
from unsponsored or storage- limited reservoirs. Subchapter E contains requirements
for issuing permits and conditions that may be included in water rights. Subchapter
F contains requirements for amending water rights by the executive director.
Subchapter G lists requirements for canceling, revoking, or forfeiture of
water rights. Subchapter H contains requirements for conveying land and water
rights. Subchapter I contains the rules for bed and banks authorizations to
convey water down the bed and banks of a river. Subchapter J lists the requirements
for water supply contracts.
A public hearing will not be held on this proposal. The commission is accepting
comments on whether the reasons for the rules under Chapter 297 continue to
exist. Comments may be submitted to Angela Slupe, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-078-297-WT. Comments must be received by 5:00p.m., May 22, 2000. For
further information or questions concerning this proposal, please contact
Bruce Moulton, Policy and Regulations Division, at (512) 239-4809.
TRD-200002478
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 7, 2000
Adopted Rule Review