1. Water Rights Permitting Process
What TCEQ is looking for to make an application administratively complete
Water Rights Permitting & Availability Section
Water Availability Division

2. Topics Overview of Water Rights Application Review Process Permitting
Hydrology
Environmental
Conservation
Q & A Session

3. Permitting Review of Water Rights
Humberto Galvan
Work Leader
Water Rights Permitting Team
Good Afternoon. My name is Humberto Galvan with the Texas Commission on Environmental Quality, and my presentation today will cover a general overview of the permitting process for Water Right Applications.

4. What is State Water? Texas Water Code Section 11.021
State Water – The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.
State water is defined as water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the stormwater, floodwater, and rainwater of every river, natural stream and watercourse in the state, see 30 Texas Administrative Code Section 291.1(50).

5. When is a Water Rights Permit Required?
Texas Water Code Section
No person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit…
When is a water rights permit required? According to Texas Water Code Section , no person may appropriate any state water or begin construction of any work designed for storage, taking, or diversion of water without first obtaining a permit… Person who obtain water rights include individuals, corporate entities, municipalities, water supply corporations, and river authorities.
Individuals, corporate entities, water supply corporations, municipalities, river authorities, etc.

6. Types of Water Rights Perpetual Rights Temporary Permits Term Right
Water Use Permits
Certificates of Adjudication
Certified Filings and Claims (rare)
Temporary Permits
Issued for a period of 3 years or less
10 acre-feet or more and/or more than one year
10 acre-feet or less and less than one year (Regional Office or Watermaster)
Term Right
Issued to use appropriated but unused water
Types of water rights include Water Use Permits and Certificates of Adjudication. These are perpetual rights and can be amended to change the water right or ask for additional water, see Texas Water Code Section and respectively; Temporary Water Rights which may be issued for a period of use less than 3 years, see Texas Water Code Section (a Temporary Water Use Permit for under 10 acre-feet of water and for a period of use for less than one year may be obtained at the regional office rather than the main office); and Term Permits for a defined period, usually issued for a term of 10 years, see Texas Water Code Section

7. Most Common Exemptions
Texas Water Code Section (a) & (b)
A person may construct on a person’s own property a dam/reservoir with a normal storage capacity of no more than 200 acre-feet of water for domestic, livestock, or wildlife management purposes.
The reservoir is NOT EXEMPT if located on a navigable stream.
“Reasonable” diversions for domestic use
Domestic and Livestock Exemption. Without obtaining a permit, a person may construct on the person’s own property a dam or reservoir with normal storage of not more than 200 acre-feet of water for domestic and livestock purposes. The dam/reservoir may not be located on a navigable stream. See 30 Texas Administrative Code (b&c).

8. Application Process The Application Process is as follows:
The Application is assigned to and distributed by the Project Manager.
Staff performs initial technical review for hydrology, environmental, legal, dam safety, and conservation requirements.
The Applicant may be sent requests for additional information and/or fees.
The Application may be declared administratively complete and receives a priority date, or may be returned if additional information isn’t submitted.
Technical Review of the application is completed by Tech staff and then the Permit is drafted by the Project Manager
If necessary the Permit will go to Notice
Application may or may not be protested by other water right holders and domestic and livestock users.
If the Application is not protested, the permit is issued.
If Application is protested the permit will be placed on a Commission Agenda.
Water right may be granted, denied or set for a contested case hearing.

9. Pre-Application Meeting
Not mandatory but highly recommended
Speeds up the process and helps make sure your application is administratively complete when it is submitted to TCEQ.
Who will attend?
Applicant
Consultants and attorneys
Technical staff (Permitting, Hydrology, Conservation, Environmental, Legal, Dam Safety)

10. New Water Rights Application
The water rights application now consists of two reports and an instruction packet:
Instructions for Completing the Water Rights Permitting Application (TCEQ-10214a-inst)
Administrative Information Checklist and Administrative Report (TCEQ-10214b)
Technical Information Report (TCEQ-10214c)
Both forms and the instructions are available on the TCEQ website at:
The new water rights application was developed, submitted to stakeholders for review, and released to the public in of August 2017.
Click on each hyperlink to view pdfs of the application forms.

11. General Information
TCEQ evaluates each water right application to determine if it can be granted.
This involves a review to ensure:
the application is administratively complete, with all the information we need to evaluate it
Title 30, Texas Administrative Code, Chapter 295
technical requirements are met, such as water availability, conservation, and environmental aspects
Title 30, Texas Administrative Code, Chapters 288, 297, 298

12. Project Manager - Application Review
The project manager is the applicant’s main point of contact at the TCEQ.
Ensures that all application details (amounts, uses, etc.) are consistent
Updates/creates Central Registry entries
Calculates application and notice fees
Determines whether courtesy information should be given (Water Use Fee assessment)

13. Project Manager - Application Review
TCEQ staff reviews:
Legal name of the Applicant
Signature authority
Outstanding fees and penalties
TWDB surveys
Ownership
Deeds for land irrigated and inundated
Proper consents or contracts
ZIP Codes

14. Hydrology Review of Water Right Applications
Alisa Patterson, P.E.
Hydrologist
Surface Water Availability Team
Good Afternoon. My name is Alisa Patterson, with the Texas Commission on Environmental Quality, and my presentation today will cover the requirements for Hydrology Reviews of Water Right Applications.

15. Topics Supplemental Worksheets Diversion Dam/Reservoir Maps
Alternate Sources of Water

16. Common Information for All Supplemental Worksheets
Locational Information
Coordinates in decimal degrees to 6 decimal places
Watercourse Information
Maps
Stream or reservoir

17. Diversion Point Worksheets
Diversion Point Number
This is helpful when there are multiple diversion points
Diversion Rate Information
Number of points and the maximum rate in gallons per minute (gpm)
Clarification if the rate will be a maximum combined rate between multiple points
The same information applies to discharge points.

18. Dam/Reservoir Worksheets
Reservoir number
This is helpful when there are multiple reservoirs
Type of reservoir
On-channel or off-channel
Capacity
Acre-feet

19. Maps Acceptable Maps Information to Add to Maps
USGS 7.5 Minute Topographic
Aerial Photography
Google Earth
Others (see Application Instruction Packet: Additional Instructions Relating to Map Requirements)
Information to Add to Maps
All Diversion points
All Discharge points
All Reservoirs
Note that TCEQ would need upstream and downstream points identified for any diversion reaches requested in an application

20. Alternate Sources of Water
Groundwater
Well location (lat/long) and aquifer
Groundwater Conservation District permit
Evidence that the well can produce the amount needed
Surface Water
Contract or Lease Agreement

21. Environmental Review of Water Right Applications
Wyatt Eason
Aquatic Scientist
Resource Protection Team
Good Afternoon. My name is Wyatt Eason, with the Texas Commission on Environmental Quality, and my presentation today will cover the requirements for Environmental Reviews of Water Right Applications.

22. Environmental Flow Standards
In 2007, the 80th Legislature passed Senate Bill 3 relating to the development, management, and preservation of the water resources of the state.
S.B. 3 changed the process for incorporating environmental protection into water rights permits for new appropriations of water.

23. TCEQ’s Environmental Flow Rules
Information on the adopted environmental flow standards for specific basin and bays can be found in Title 30 Texas Administrative Code (TAC) Chapter 298
Subchapter
Basin and Bay System A
General Provisions B
Trinity and San Jacinto Rivers and Galveston Bay C
Sabine and Neches Rivers and Sabine Lake Bay D
Colorado and Lavaca Rivers and Matagorda and Lavaca Bays E
Guadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, and San Antonio Bays F
Nueces River and Corpus Christi and Baffin Bays G
Brazos River and its associated bay and estuary system H
Rio Grande, the Rio Grande estuary, and the Lower Laguna Madre
Note, the subchapters listed identify the basins with adopted standards also known as SB3 basins

24. Applications subject to Environmental Flow Reviews
Environmental flow standards apply to an application requesting a new appropriation of water in a basin that has adopted standards (SB3 basins)
No technical information is required to be submitted for environmental flow reviews
Note, the SB3 basins are listed on the previous slide

25. Non-SB3 Environmental Reviews
Non-SB3 reviews are conducted in accordance with Texas Water Code Sections:
– Bed and Banks Authorizations
– Effects on Bays and Estuaries and Instream Uses
– Effects on Water Quality
– Effects on Fish and Wildlife Habitat
Bed and banks authorizations can include the conveyance of surface and groundwater, as well as indirect reuse of return flows.
Beneficial inflows to bays and estuaries include salinity, nutrient and sediment loading regimes.
Fish and Wildlife Habitat assessment is for applications requesting storage or diversion in excess of 5,000 acre-feet annually.

26. Applications subject to Non-SB3 Environmental Reviews
Non-SB3 environmental reviews apply to any application (including new appropriations) in non-SB3 basins (Canadian, Red, Sulphur and Cypress Creek Basins) OR
Applications requesting a diversion point move in an SB3 basin (excluding the mainstem of the Rio Grande below Lake Amistad)
Application Worksheet 5.0 is required to be submitted for these types of applications
The mainstem of the Rio Grande below Lake Amistad is excluded because this system is NOT primarily managed through prior appropriation doctrine

27. Non-SB3 Environmental Reviews - Required Application Information
Color photographs of the stream and riparian areas (upstream and downstream)
Description of the waterbody, flow characteristics, waterbody aesthetics and known recreational uses
Impingement and entrainment
For new appropriations of water in a SB3 basin, we apply the environmental flow standards (Chapter 298).
For new appropriations of water in the Canadian, Red, Sulphur, and Cypress Creek Basins and in all basins for requests to change a diversion point, applications using an alternate source of water, and bed and banks applications, certain environmental information is required.

28. Non-SB3 Environmental Reviews - Information for Dams/Reservoirs
Description of area to be inundated if a new proposed dam/reservoir
Project number and name of USACE project manager if 404 Permit is required
Identification of alternate source of water to maintain the reservoir, if applicable

29. Well depth and name of source aquifer (if groundwater)
Non-SB3 Environmental Reviews -Information on Alternate Sources of Water
Well depth and name of source aquifer (if groundwater)
Water chemistry including:
Chlorides
Sulfates
Total Dissolved Solids (TDS) pH
Temperature

30. Water Conservation Review
Jennifer Allis
Senior Water Conservation Specialist
Resource Protection Team
Good Afternoon. My name is Jennifer Allis, with the Resource Protection Team, and my presentation today will cover the requirements for Water Conservation Reviews of Water Right Applications.

31. Title 30 TAC Chapter 288
Rules and requirements for Water Conservation Plans are governed by Title 30 TAC Sections 288.2, 288.3, and 288.5
Rules and requirements for Drought Contingency Plans are governed by Title 30 TAC Sections , and
I have listed here the rules in the Texas Administrative Code (or TAC) that include the specific requirements for Water Conservation Plans and Drought Contingency Plans, which can be found in Title 30 TAC Chapter 288.
The rules and requirements for Water Conservation Plans are governed by Title 30 TAC Sections 288.2, 288.3, and 288.5:
Section – Retail Public water suppliers
Section Industrial/Mining uses
Section – Agricultural uses
Section – Wholesale Public water suppliers
The Rules and requirements for Drought Contingency Plans are governed by Title 30 TAC Sections , and
Section – Municipals uses by Public Water Suppliers
Section Irrigation Use
Clarify for Irrigation Water Suppliers (Irrigation Districts)
Section – Wholesale Water Suppliers

32. Water Conservation Plans (WCP)
Water Conservation - everyday practices or techniques intended to reduce water consumption, reduce loss or waste of water, improve the efficiency in the use of water and increase recycling & reuse so that a water supply is available for future use.
First, I would like to provide you with the definition of water conservation and drought contingency planning.
Water Conservation is defined as: Every day practices or techniques intended to reduce water consumption, reduce loss or waste of water, improve the efficiency in the use of water and increase recycling and reuse so that a water supply is available for future use.

33. Drought Contingency Plans (DCP)
A strategy or combination of strategies for temporary and potentially recurring water supply shortages and other water supply emergencies.
Drought Contingency Plan –
A strategy or combination of strategies for temporary and potentially recurring water supply shortages and other water supply emergencies.

34. Drought Contingency vs. Water Conservation
Water Conservation = all the time
Drought Contingency = when necessary
So in simple terms …
Water Conservation is implemented all the time
Drought Contingency is implemented when necessary

35. Water Right Applications
An application for a new water right and certain applications to amend existing water rights require the submission of a WCP and a DCP.
The TCEQ evaluates WCPs in accordance with agency rule requirements in Title 30 TAC Chapter 288 for applications requesting consumptive uses of water including municipal, industrial, mining, and agricultural purposes. 
The TCEQ also determines consistency with State and Regional Water Plans for water rights applications.
Now I’m going to discuss the Requirements for Water Right Applications, specifically.
An application for a new water right and certain applications to amend existing water rights require the submission of a Water Conservation Plan (or WCP) and a Drought Contingency Plan (or DCP).
The following applications must be accompanied by water conservation and drought contingency plans:
Applications relating to the appropriation or use of state surface water must include water conservation and drought contingency plans for municipal, industrial or mining, agricultural, and wholesale uses.
Applications to amend existing water rights:
To increase the amount of the appropriation,
To extend the term of the appropriation,
To change the place of use, or
To change the purpose of use of the appropriation
Exemptions of the requirement to submit water conservation plans include applications
to impound water for in-place use only, such as recreational use;
for emergency use; and
for temporary use of water.

36. Municipal WCP Elements
Utility Profile
Record Management (Retail use only)
5 & 10 year goals for water savings
Meter calibration and replacement
Water loss accounting
Public education program
Non-promotional water rates
Implementation and Enforcement
Coordination with your RWPG
The Water Conservation Plan elements are similar for each of the different uses. However, today I’ll be focusing on municipal use (or plans for Retail and Wholesale Public Water Suppliers). The rules and requirements for industrial or mining and agricultural uses can be found on the TCEQ website on the Water Conservation page.
Here are the elements for Municipal Water Conservation Plans. (I will discuss each one in greater detail in the following slides.)
Utility Profile
Record management system
Specific 5 & 10 year goals for water savings
Meter calibration and replacement
Water loss accounting
Program for public education
Non-promotional water rates
Implementation and Enforcement
Coordination with your Regional Water Planning Group (RWPG)

37. Utility Profile Population and customer data
Water use data in gallons per capita per day (GPCD)
Water supply system data
Wastewater system data
As I just mentioned, one of the requirements is a utility profile.
Utility profiles for retail providers must include, but are not limited to, information regarding population and customer data, water use data including total gallons per capita per day (or GPCD) and residential GPCD, water supply system data, and wastewater system data.
Utility profiles for wholesale providers shall include: a description of the wholesaler's service area, including population and customer data, water use data, water supply system data, and wastewater data.

38. 5 & 10 Year Goals for Water Savings
A Water Conservation Plan needs to include specific, quantified five-year and ten-year targets for water savings. These savings should be numeric, as a percentage or amount.
Municipal Uses by Public Water Suppliers –include goals for water loss programs and goals for municipal use in total gallons per capita per day (GPCD) and residential GPCD.
Wholesale Water Suppliers –include target goals for municipal use in GPCD for the wholesaler’s service area, maximum acceptable water loss, and the basis for the development of these goals.
More information and guidance can be found in the application instructions packet on TCEQ’s website

39. NEW Water Conservation Coordinator
House Bill 1648 (85R) added provisions under the Texas Water Code (TWC), for the TCEQ to require retail public utilities that provide potable water to 3,300 or more connections to:
(1) designate a person as the water conservation coordinator responsible for implementing the water conservation plan; and
(2) identify, in writing, the water conservation coordinator to the executive administrator of the Texas Water Development Board.
House Bill 1648 (85R) added provisions under the Texas Water Code (TWC), §
Rulemaking is currently underway. TCEQ anticipates a late summer 2018 to Fall completion

40. DCPs for Water Rights Applications
DCPs are required for municipal water rights applications.
TCEQ requires retail and wholesale public water suppliers and irrigation districts to develop drought contingency plans.
DCPs for Water Right Applications:
DCPs are required for water rights applications for municipal use.
TCEQ requires retail and wholesale public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate approved regional water plan to be implemented during periods of water shortages and drought.

41. DCP Plan Elements Public Involvement Ongoing Education
Notification Procedures
Triggering Criteria
Response Stages
Quantified Targets
Management Measures
Variances
Enforcement & Adoption of the DCP
Here are the requirements for municipal DCPs.
They include:
Public Involvement
Ongoing Education
Notification Procedures
Triggering Criteria
Response Stages
Quantified targets
Management measures
Variances
Enforcement & Adoption of the DCP

42. Non-Water Rights Submittals
Required for:
Non-irrigation (municipal and industrial) water rights holders of 1,000 acre-feet or more and
Irrigation water rights holders of 10,000 acre-feet or more
WCPs are required to be submitted to TCEQ every 5 years
Now, I’d just like to mention requirements that are not associated with water right applications.
For non-water right submittals
Who is required to have a WCP?
Non-irrigation (municipal and industrial) water rights holders of 1,000 acre-feet or more and
Irrigation water rights holders of 10,000 acre-feet or more
WCPs are required to be submitted to TCEQ every 5 years.
The next submittal date is May 1, 2019.

43. Non-Water Rights Submittals
Required for:
Retail public water suppliers with 3,300 or more connections, wholesale water suppliers, and irrigation districts are required to submit their DCP to the TCEQ every 5 years.
Retail public water suppliers with less than 3,300 connections must prepare and adopt a drought contingency plan and make the plan available for inspection by TCEQ, but they are not required to submit plans to TCEQ.
For non-water right submittals
Who is required to have a DCP?
Retail public water suppliers with 3,300 or more connections, wholesale water suppliers, and irrigation districts are required to submit their DCP to the TCEQ every 5 years.
Retail public water suppliers with less than 3,300 connections must prepare and adopt a drought contingency plan and make the plan available for inspection by TCEQ, but they are not required to submit plans to TCEQ.

44. Reminders
DCPs should be revised as often as necessary especially as your triggers change over time.
Reminder: The next deadline to submit revised WCPs and DCPs for non-water right submittals TCEQ is May 1, 2019.
DCPs should be revised as often as necessary, especially as your triggers may change over time. We had many water systems re-evaluate and revise their triggers during the drought.
If you are required to submit:
Reminder that the next submittal deadline to submit DCPs, WCPs & implementation reports to the TCEQ will be May 1, 2019.

45. Water Availability Division
Contact Information & Website
Water Availability Division
Water Rights Permitting & Availability Section
Here is the link for the Water Rights Permitting website, and contact information.