Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part IX. Texas Water Commission
Chapter 298. Edwards Underground River
The Texas Water Commission (TWC) adopts on an emergency basis new Chapter 298, 
sec.sec.298.1-298.6, 298.11-298.13, and 298.41-298.43, concerning the finding 
that the Edwards Aquifer (Edwards Underground River) is an underground river 
and, thus, state water, and providing for the commission determination and 
administration of rights to the use of state water in the Edwards Underground 
River and the protection of the water quality of the Edwards Underground River 
and related surface streams pursuant to the Texas Water Code, Chapters 11 and 
26, and other applicable law.
The physical characteristics and hydrogeology of the Balcones Fault Zone of the 
Edwards Aquifer making it an underground stream are unique in the State of 
Texas. No other aquifer in the state is known to have these characteristics. 
These rules apply only to the Edwards Aquifer located in Kinney, Uvalde, Medina, 
Atascosa, Bexar, and Comal Counties, and in Hays County south of the 
hydrogeologic division near Kyle.
The purpose of this emergency adoption is to provide interim authorization to 
current users of the state water diverted from the Edwards Underground River 
until permanent rules can be developed and adopted providing for commission 
determination and administration of rights to the use of this underground 
stream. These rules also provide that the commission may, by order, limit such 
interim authorization as necessary to protect water quality, the public health, 
safety, and welfare, aquatic and wildlife habitat, instream uses, bays and 
estuaries, and other public purposes. Finally, the rules provide for a 
moratorium on new diversions and use. The moratorium or restrictions on existing 
use, however, do not apply to exempt domestic and livestock uses.
Subchapter A: General Provisions, sec.sec.298.1-298.6, contains rules relating 
to: the finding of the Edwards Aquifer as an underground stream and, thus, state 
water; defining the boundaries of the underground river; and the definitions of 
terms used in the chapter.
Subchapter B: Interim Authorizations, sec.sec.298.11-298.13, contains rules 
providing that those currently diverting water from the underground river are 
provided interim authorization by rule to continue beneficially using such water 
without waste and subject to certain limitations until the commission develops 
and adopts permanent rules for the determination and administration of the 
rights to divert and use state water from the Edwards Underground River. Such 
limitations include those necessary to protect the water quality, public health, 
safety, and welfare, aquatic and wildlife habitat, instream uses, bays and 
estuaries, and other public purposes.
Subchapter E: Regulation of Diversions-General, sec.sec.298.41-298.43, contains 
rules prohibiting the waste of water and providing that interim authorizations 
to divert and use water from the Edwards Underground River are subject to 
limitation, curtailment, and amendment for the protection of water quality, the 
public health, safety, and welfare, aquatic and wildlife habitat, instream uses, 
bays and estuaries, and other public purposes.
After a careful and thorough review and analysis of applicable law and available 
studies, reports, data, and other information, the commission finds that the 
Edwards Aquifer is an underground stream and, thus, state water subject to 
commission regulation pursuant to the Texas Water Code, Chapter 11.
Texas courts have followed the English common law doctrine of "absolute 
ownership" of percolating groundwater by the surface owner. This doctrine 
provides that the surface owner may withdraw such groundwater for use without 
limitation as long as it is for a beneficial purpose and is nonwasteful. 
Generally, a person withdrawing percolating groundwater bears no responsibility 
to neighboring owners for any harmful effects resulting from the withdrawal, 
i.e. , no correlative rights exist among the groundwater users.
Under Texas law, all water below the surface of the land is presumed to be 
percolating groundwater, which is owned by the landowner, unless and until it is 
established that such water in an underground stream or is the underflow of a 
surface stream. Water flowing in definite underground streams, however, is 
governed by surface water law and is subject to prior appropriation.
Texas caselaw provides that an underground stream is state water if it has the 
same characteristics of a surface watercourse. Those characteristics include a 
stream which has a source of supply, defined boundaries, a directional flow or 
current, a destination, and is of sufficient volume to be serviceable to persons 
through and along whose land the stream flows (i.e., utility).
A large body of knowledge has been developed and accumulated over many years 
with regard to the hydrology, physical characteristics, and use of the Edwards 
Aquifer and its direct hydrologic connection to flow in surface streams in the 
Nueces, San Antonio, and Guadalupe River Basins. After lengthy study and 
examination of all available such studies, reports, and information, the 
commission finds that the Edwards Aquifer has all those characteristics of a 
watercourse.
The hydrogeologic characteristics of the Edwards Aquifer makes this water 
resource unique in the State of Texas. Through its "recharge zone," the Edwards 
Aquifer captures and diverts flows of major surface streams in the upper 
portions of the Nueces and San Antonio River Basins (the contributory 
watershed). Surface streams in the contributory watershed of the Edwards Aquifer 
provide approximately 80% of the "recharge" to the underground river. Thus, the 
Edwards Aquifer has a definite source of water.
The Edwards Aquifer also has a directional flow or current, defined boundaries, 
and a definite destination. Water "recharging" the underground river continues 
to flow downgradient, generally moving west to east to northeast, through the 
confined and known boundaries of the aquifer, eventually erupting at several 
springs, including the Leona Springs, the San Pedro Springs, the San Antonio 
Springs, the Comal Springs, and the San Marcos Springs. Water from these springs 
continues to flow in the Nueces, San Antonio, and Guadalupe River Basins (the 
catchment area), and contribute to freshwater inflows for bays and estuaries 
along the Gulf of Mexico.
The Edwards Aquifer also has great utility. It is of great economic importance 
both to the region that relies upon it and to the State of Texas. The Edwards 
Aquifer is the sole source of water supply for approximately 1.5 million 
citizens in the San Antonio region and supports a diverse regional economy that 
provides employment for approximately 700,000 to 800,000 Texans. Additionally, 
the Edwards Aquifer is important to the economies of the communities at and 
downstream of several springs fed by this underground river. These springs 
include the state's two largest natural springs at New Braunfels and San Marcos. 
These two springs sustain a significant tourist and recreational economy for 
these cities.
It is estimated that spring flow from Comal and San Marcos Springs alone 
provides 21 to 32% of the total annual flow of the Guadalupe River at Victoria. 
Between 70,000 and 80,000 jobs exist in those counties that are supplied with 
water from the Guadalupe River below these springs. The economies of Hays and 
Comal Counties and the counties downstream of the springs are clearly dependent 
on the Edwards Aquifer. This underground river is truly the lifeline of 15 Texas 
counties.
Like a surface stream, the Edwards Aquifer also supports fish and other aquatic 
life, both within the aquifer in the subsurface and through year-round discharge 
to the major natural springs. Some of these aquatic species are federally listed 
as threatened or endangered species.
The use of the waters in the Edwards Underground River and related surface 
streams also has a direct impact on the water quality of these surface streams. 
The direct hydrologic connection between the Edwards Underground River and 
surface streams providing "recharge" to the underground stream requires the 
careful management of diversions from, and wastewater discharges to, these 
surface streams in order to protect the water quality of the underground stream. 
Additionally, reduction in springflows caused by diversions from the Edwards 
Underground River and/or insufficient "recharge" adversely affects the water 
quality, aquatic and wildlife habitat, and other instream uses of streams 
downstream of the underground stream as well as bays and estuaries. A decrease 
in the quantity of the water in a stream lessens its assimilative capacity for 
effluent discharges and other sources of pollution. If springflows fall below 
certain minimum levels, then the stream segments below the springs would be 
dominated by return flows from municipal and industrial discharges, along with 
an undetermined amount of contaminated runoff from adjacent urban and 
agricultural areas. The result would be pollutant overloading of these streams. 
The nonpoint source pollution, elevated nutrient concentrations, and increased 
ambient temperature would devastate the ecological character of the streams 
immediately below the springs as well as further downstream in the Guadalupe 
River Basin. Finally, overdrafting of the aquifer itself may allow the intrusion 
of highly mineralized water from underground water adjacent to the underground 
river otherwise held in check because of the hydrostatic pressure of the 
aquifer.
Despite the great economic and environmental significance of this underground 
river to the region and to the state, there exists no comprehensive management 
plan for the underground river. This inaction in the face of growing and 
unchecked demand on the Edwards Underground River has led to an emergency 
situation creating an imminent peril to the public health, safety, and welfare. 
The uncertainty over a person's right to use state water from the Edwards 
Underground River makes it difficult to provide for the immediate and long-term 
water supply needs of the region; discourages business investment and economic 
growth; and clouds title to property. Additionally, it is necessary that 
emergency action be taken to prevent speculative and unregulated drilling of 
wells, resulting in the harmful overdraft of the Edwards Aquifer which would 
cause adverse impacts to water quality, the public health, safety, and welfare, 
aquatic and wildlife habitat, other instream uses, and bays and estuaries prior 
to the notice and adoption of permanent rules. Because the Edwards Underground 
River is state water, it is imperative to provide immediate authorization to 
current beneficial use to lawfully provide for the public's water supply needs 
until a final determination can be made with respect to the use of this 
underground stream.
Almost four decades of negotiations among the affected parties have failed to 
yield a resolution of the dispute regarding the proper management of the Edwards 
Aquifer. Proposed legislation seeking to address this issue has been repeatedly 
defeated. For the past three years, exhaustive and earnest efforts were made by 
the commission to bring about a local resolution of the dispute. The commission 
presented to the parties a fair and equitable settlement agreement based upon 
extensive discussions with the parties for their approval by April 14, 1992. The 
agreement was rejected.
The dispute is the subject of costly and protracted litigation in both the state 
and federal courts and the latter may result in the federal takeover of one of 
the state's most vital natural resources. The oppressive heat and decrease in 
rainfall which occurs during the summer months is almost here and the heavy 
irrigation season has begun. Levels in the underground stream dropped from 
record highs in 1987 to critically low levels in less than two years. If the 
region experiences another hot, dry summer like the summer of 1990, flows in the 
underground stream could drop to a level where springflows cease, thereby 
adversely affecting surface water quality and endangered species. Trial is set 
to begin in federal court on May 4, 1992, to determine whether the unregulated 
usage of the Edwards Underground River which will cause springflows to fall 
below minimum levels is a violation of the federal Endangered Species Act. 
Unless significant protection is provided for the maintenance of minimum 
springflows, it is likely that the federal government will implement its own 
regulatory scheme.
Soon after the adoption of these emergency sections, the commission will submit 
to the Texas Register  for notice and public comment permanent rules finding the 
Edwards Aquifer to be state water and providing for commission determination and 
administration of water rights to this underground stream. These rules would 
also provide for the establishment of an advisory council and the development 
and implementation of a comprehensive, long-term, regional water management 
plan. A hearing will be held by the commission to receive public comment 
relating to the proposed sections, including the determination that the Edwards 
Aquifer is an underground stream and state water.
Subchapter A. General Provisions
31 TAC sec.sec.298.1-298.6
The new sections are adopted on an emergency basis under the Texas Water Code, 
sec.5.103 and sec.5.105, which provides the Texas Water Commission with the 
authority to adopt rules necessary for the performance of its duties and 
responsibilities in accordance with the Texas Water Code and other state law. 
These rules are adopted on an emergency basis pursuant to the Administrative 
Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-12b, 
sec.5(d) .
sec.298.1. Purpose.  The purpose of this chapter is to provide interim 
authorization to current users of state water diverted from the Edwards 
Underground River until permanent rules can be developed and adopted providing 
for commission determination and administration of rights to divert and use 
water from the Edwards Underground River. Additionally, the purpose of these 
rules is to provide that the commission may limit such interim authorization as 
necessary to protect water quality, public health, safety, and welfare, aquatic 
and wildlife habitat, instream uses, bays and estuaries, and other public 
purposes. During the consideration of the adoption of permanent rules, the 
commission will hold a public hearing and receive public comment with regard to 
the proposed rules, including the commission's determination based upon 
available studies and information that the Edwards Aquifer is an underground 
stream and, thus, state water.
sec.298.2. Edwards Aquifer is State Water.
(a) The Edwards Aquifer is an underground stream and water contained therein is 
state water subject to commission regulation in accordance with the Texas Water 
Code, Chapter 11 and all other applicable law and rules of the commission 
relating to the commission's authority over water rights, including the issuance 
of water rights, water rights adjudication, cancellation of water rights, and 
the enforcement of water rights.
(b) No known claims of riparian water rights, claims under the Texas Water Code, 
sec.11.143, claims of water rights under the Irrigation Acts of 1889 and 1895, 
or any other claims of water rights to the diversion and use of the Edwards 
Underground River were filed pursuant to the Water Rights Adjudication Act, the 
Texas Water Code, sec.sec.11.301 et seq<ol>. Consequently, no right to use state 
water from the Edwards Underground River has been adjudicated and, thus, water 
in the underground river is subject to appropriation by permit issued by the 
commission, except for exempt domestic and livestock purposes, in accordance 
with the Texas Water Code, sec.sec.11.121 et seq<ol>.
(c) Any authorization to divert and use state water is a right of use, and 
actual ownership of the water remains with the state, held in trust for the 
public's benefit. The commission may reserve from appropriation all or a portion 
of the water rights vested in the state and superior to any right of use to 
satisfy the state's obligation to protect water quality, the public health, 
safety, and welfare, aquatic and wildlife habitat, instream uses, bays and 
estuaries, and any other public purpose. Any dedication of springflows by such 
reservation for public purposes is not subject to diversion or appropriation by 
any holder of a water right granted by the state.
(d)  The designation of the Edwards Aquifer as an underground stream is for the 
purposes provided in this section and shall not affect rules of the commission 
providing for the protection of the water quality of an aquifer designated as a 
sole or principal source aquifer as provided by 40 Code of Federal Regulations 
(CFR) Part 149, pursuant to the Safe Drinking Water Act, sec.1424(e), 42 United 
States Code 300h-3(e).
sec.298.3. Applicability to Southern Portion of the Edwards Aquifer.  The rules 
contained in this chapter specifically apply to that portion of the Edwards 
Aquifer described by sec.298.5 of this title (relating to Effect of Invalidity 
of Rule) and located in Kinney County east of the hydrologic division near 
Brackettville which separates flow in the Nueces River Basin from flow to the 
Rio Grande Basin, and in Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal 
Counties and in Hays County south of the hydrologic division near Kyle which 
separates flow toward the San Marcos River from flow to the Colorado River 
Basin. These rules are not intended to be applied to any other aquifer in the 
State of Texas.
sec.298.4. Boundaries of the Edwards Underground River.
(a) The lateral boundaries of the Edwards Underground River, as used in this 
chapter, are: on the north and northwest, the updip limit of the outcrop of the 
Edwards and Associated Limestones; on the south, the line known as the bad-water 
line which separates water containing less than 1,000 milligrams per liter of 
total dissolved solids from water containing more than this concentration of 
total dissolved solids; on the west, the hydrologic division near Brackettville 
in Kinney County that separates underground flow toward the Comal and San Marcos 
Springs from underground flow to the Rio Grande Basin; on the east, the 
hydrologic division northeast of Kyle in Hays County that separates underground 
flow toward the Comal and San Marcos Springs from underground flow to the 
Colorado River Basin.
(b) The lateral boundaries of the Edwards Underground River are those boundaries 
of "Subdivision No. One of the Underground Water Reservoir in the Edwards 
Limestone Balcones Escarpment Area" defined by the Board of Water Engineers of 
the State of Texas, a predecessor of the Texas Water Commission, by Order dated 
January 10, 1957, as modified by the Texas Water Commission by Order dated April 
18, 1988, and incorporated in this rule by reference. These orders are available 
for inspection at the office of the chief clerk of the commission in Austin, 
during the commission's regular business hours.
sec.298.5. Effect of Invalidity of Rule. If any provision of any rule or its 
application to any person or circumstances is held invalid, the invalidity does 
not affect other provisions or applications of the rule which can be given 
effect without the invalid provision or application, and to this end the 
provisions of the rule are severable.
sec.298.6. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. Except as otherwise provided in this section, the definitions 
provided by  s297.1 of this title (relating to Definitions) apply to this 
chapter.
 Authorized well -A well which diverts water from the Edwards Underground River 
for which interim authorization was granted pursuant to this chapter, or that is 
exempt for domestic and livestock purposes.
 Beneficial use -The use of only that amount of water which is reasonable and 
necessary for a purpose authorized by law, when reasonable intelligence and 
reasonable diligence are used in applying the water to that purpose. Water which 
is wasted, lost, or inefficiently used because of, but not limited to, 
inefficient diversion works or distribution systems, excessive applications or 
per capita use, excessive or unnecessary evaporation, transpiration or seepage, 
the discharge or escape of water from a well into a surface stream or reservoir 
for no authorized beneficial purpose, or by pollution is not beneficially used.
 Commission-The Texas Water Commission and any successor agency.
 Conservation-
(A) The development of other water resources that reduce the demand for water 
from the Edwards Aquifer;
(B)  Those best management practices, techniques, and technologies that will 
reduce the consumption of water, eliminate the loss or waste of water, maximize 
the efficiency in the use of water, prevent the pollution of water, and maximize 
the recycling and reuse of water so that the demand for water from the Edwards 
Aquifer is reduced;
(C) Those measures that seek to make a water supply available for future or 
alternative uses to the greatest extent practicable for the benefit of the 
environment and the public health, safety, and welfare; and
(D) any other measure that would sustain or enhance the water supply to provide 
for future long-term needs.
 Diversion of water-Any act or failure to act that results in the taking of 
water from the Edwards Aquifer by or through manmade facilities including the 
pumping of wells or allowing waters to flow from artesian or other type wells.
 Domestic use-Use of water by an individual or a household for drinking, 
washing, or culinary purposes; for irrigation of lawns, or of a family garden 
and/or orchard when the produce is not sold; for watering of domestic animals; 
and for water recreation for which no consideration is given or received. If the 
water is diverted, it must be diverted solely through the efforts of the user.
 Edwards Aquifer or aquifer-That portion of an arcuate belt of porous, 
waterbearing, predominantly carbonate rocks known as the Edwards and Associated 
Limestones in the Balcones Fault Zone trending from west to east to northeast in 
Kinney, Uvalde, Medina, Atascosa, Bexar, and Comal Counties, and in Hays County 
south of the hydrologic division near Kyle which separates flow toward the San 
Marcos River from flow to the Colorado River Basin; and composed of the Salmon 
Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River 
Limestone, Person Formation, Kainer Formation, and Edwards Formation, the 
Georgetown Formation, and the Walnut Formation. The permeable aquifer units 
generally overlie the less-permeable Glen Rose Formation and underlie the less-
permeable Del Rio Clay regionally.
 Edwards underground river or underground river -The Edwards Aquifer as defined 
by this section and the boundaries of which are provided by sec.298.5 of this 
title (relating to Effect of Invalidity of Rule).
 Existing user-A person that has diverted and beneficially used water from the 
Edwards Underground River on or before April 15, 1992.
 Instream uses-The use of water for the protection of water quality, the 
maintenance of aquatic and wildlife habitat, navigation, recreation, and bays 
and estuaries.
 Livestock use-The use of water for the open-range watering of livestock 
connected with farming, ranching, or dairy enterprises.
 New well-A well, the drilling of which, was commenced on or after April 15, 
1992.
 Overdrafting-The average long-term depletion of the aquifer in excess of the 
average long-term recharge of the aquifer necessary to sustain appropriative 
rights and environmental needs. Overdrafting also occurs when overall aquifer 
withdrawal is in balance with recharge but locally excessive withdrawals are 
causing adverse impacts, including, but not limited to, degradation of water 
quality.
 Pollution-The alteration of the physical, thermal, chemical, or biological 
quality of, or the contamination of any water in the state that renders the 
water harmful, detrimental, or injurious to humans, animal life, vegetation, or 
property, or to public health, safety, or welfare, or impairs the usefulness of 
the public enjoyment of the waters for any lawful or reasonable purpose.
 Producing well -A well capable of producing water from the Edwards Aquifer 
without modification or the placement of additional equipment and which has 
produced water for a beneficial purpose prior to April 15, 1992.
 Replacement well -A well that is drilled to replace an existing well and where 
the existing well that is being replaced is permanently closed.
 Reuse-The use for one or more purposes of use of water that remains unconsumed 
after the water is used for the original purpose of use and before that water is 
discharged or otherwise allowed to flow into a watercourse, lake, or other body 
of state-owned water.
 Waste-The diversion of water from the Edwards Aquifer if the water diverted is 
not used for a beneficial purpose; the unreasonable loss of water through faulty 
design or negligent operation of a well or a water delivery or application 
system; the use of quantities of water in an amount in excess of the amount 
reasonably necessary to beneficially use the water for an authorized purpose; or 
the diversion of water from the aquifer at a rate, in an amount, or in any 
manner that causes or threatens to cause pollution of the aquifer by the 
intrusion of water or contaminants detrimental to any beneficial purpose, or 
adversely impacts surface water quality.
 Well-A bored, drilled, or driven shaft, or an artificial opening in the ground 
made by digging, jetting, or some other method, where the depth of the well is 
greater than its largest surface dimension, but not including any surface pit, 
surface excavation, or natural depression.
Issued in Austin, Texas, on April 15, 1992.
TRD-9205308
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: April 15, 1992
Expiration date: August 13, 1992
For further information, please call: (512) 463-8069
       
Subchapter B. Interim Authorization
31 TAC sec.sec.298.11-298.13
The new sections are adopted on an emergency basis under the Texas Water Code, 
sec.5.103 and sec.5.105, which provides the Texas Water Commission with the 
authority to adopt rules necessary for the performance of its duties and 
responsibilities in accordance with the Texas Water Code and other state law. 
These rules are adopted on an emergency basis pursuant to the Administrative 
Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-12b, 
sec.5(d) .
sec.298.11. Exemption for Domestic and Livestock Use.
(a) Without limitation or prohibition as provided by sec.sec.298.12, 298.13, 
298.42, and 298.43 of this title (relating to Interim Authorizations Pending 
Disposition of Permit Applications; Moratorium on New Authorizations; Limitation 
of Diversions to Protect Water Quality, the Public Health, Safety, and Welfare, 
Aquatic and Wildlife Habitat, Instream Uses, Bays and Esuaries, and Other Public 
Purposes; and Emergencies), a person may construct on that person's own property 
a well for the diversion of water from the Edwards Underground River and 
beneficially use such water without waste for domestic and livestock purposes 
only.
(b) A person may use water for domestic and livestock purposes pursuant to this 
section only on property owned by that person and may not transport the water 
off that person's property.
(c) The exemption provided by this section does not apply where the flows of one 
well are combined with flows from any other well prior to the use of the water.
sec.298.12. Interim Authorization Pending Disposition of Permit Applications.
(a) A person owning a producing well which diverts water from the Edwards 
Underground River, other than a domestic and livestock well that is exempt under 
sec.298.11 of this title (relating to Exemption for Domestic and Livestock Use), 
may continue to divert water from the underground river by using that well in 
accordance with the terms of this section.
(b) All interim authorizations granted by this section, and all diversions made 
pursuant to these authorizations, are subject to limitation, curtailment, and 
amendment to prevent waste, achieve water conservation, and to maintain and 
protect adequate springflows from the Comal and San Marcos Springs for the 
protection of water quality, the public health, safety, and welfare, aquatic and 
wildlife habitat, instream uses, and bays and estuaries as set forth in 
Subchapter E of this chapter (relating to Regulation of Diversions-General).
sec.298.13. Moratorium on New Authorizations.
(a) A person may not drill a new well or divert water from the Edwards 
Underground River by using a well not a producing well except as authorized by 
the commission.
(b) Subsection (a) of this section shall not apply to a replacement well if:
(1) the amount, rate, volume, purpose of use, and any other requirement 
applicable to the well replaced is met by the operation of the replacement well; 
and
(2) the executive director is notified by the owner of the wells at least 48 
hours prior to the commencement of the drilling of the replacement well.
Issued in Austin, Texas, on April 15, 1992.
TRD-9205309
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: April 15, 1992
Expiration date: August 13, 1992
For further information, please call: (512) 463-8069
       
Subchapter E. Regulation of Diversions-General
31 TAC sec.sec.298.41-298.43
The new sections are adopted on an emergency basis under the Texas Water Code, 
sec.5.103 and sec.5.105, which provides the Texas Water Commission with the 
authority to adopt rules necessary for the performance of its duties and 
responsibilities in accordance with the Texas Water Code and other state law. 
These rules are adopted on an emergency basis pursuant to the Administrative 
Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-12b, 
sec.5(d) .
sec.298.41. Waste Prohibited.
(a) The waste of water is prohibited.
(b) No person may divert, supply, use, or reuse any water from the Edwards 
Aquifer, or supply, use, or reuse any water from other sources that reduces the 
demand for water from the Edwards Underground River, in excess of the amount of 
water needed for beneficial use for the intended purpose or purposes of use.
sec.298.42. Limitation of Diversions to Protect Water Quality, the Public 
Health, Safety, and Welfare, Aquatic and Wildlife Habitat, Instream Uses, Bays 
and Estuaries, and Other Public Purposes.
(a) All authorized diversions of water from the Edwards Underground River are 
subject to limitation, curtailment, and amendment as may be ordered by the 
commission from time to time in order to protect the water quality of the 
Edwards Underground River, the health, safety, and welfare of the people who 
divert and/or use water from the Edwards Underground River, and to water 
quality, public health, safety, and welfare, aquatic and wildlife habitat, 
instream uses, bays and estuaries, and any other public purpose, and to maintain 
compliance with applicable law.
(b) Each person diverting water from the Edwards Undergeround River shall limit 
and curtail such diversions as may be ordered by the commission from time to 
time to effectuate the purposes of this chapter.
sec.298.43. Emergencies.
(a) The commission may declare an emergency when the level of the Edwards 
Aquifer drops to a level where adverse impacts are occurring or may soon occur 
to water quality, the public health, safety, and welfare, aquatic and wildlife 
habitat, instream uses, or bays and estuaries.
(b) Upon the declaration of an emergency, the commission may by order impose 
additional requirements and restrictions upon the diversion, supply, use, or 
reuse of water from the Edwards Underground River to the extent that it 
determines such requirements and restrictions are justified, taking into 
consideration all relevant issues including, without limitation, public health 
and safety and the economic well-being of the region and the state.
(c) In making any determination under subsections (a) and (b) of this section, 
the commission shall, to the extent practicable, seek public comment from all 
affected persons.
(d) The executive director shall notify the Texas Parks and Wildlife Department 
and the U.S. Fish and Wildlife Service immediately upon the declaration of an 
emergency pursuant to this section and shall inform these agencies of any 
commission actions in response to the emergency.
Issued in Austin, Texas, on April 15, 1992.
TRD-9205310
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: April 15, 1992
Expiration date: August 13, 1992
For further information, please call: (512) 463-8069