1. Water Rights Annual Reports
Water Rights Compliance Assurance Team (WRCAT)
Why reporting matters and what information makes the most impact.
Water Rights Compliance Assurance Team (WRCAT)
Water Availability Division
Texas Commission on Environmental Quality

2. Overview Statutes & Rules Why is reporting important
Frequently asked questions
Forms
Overview
Briefly explain what will be covered today:
Statutes & Rules
Why is reporting important
Frequently asked questions
Forms
Wit and Wisdom

3. Statutes TWC 11.031 a & c a. Report due March 1 c. Watermaster areas
D&L exemption
c. Watermaster areas
TWC Sec ANNUAL REPORT.
(a) Not later than March 1 of each year, each person who has a water right issued by the commission or who impounded, diverted, or otherwise used state water during the preceding calendar year shall submit a written report to the commission on a form prescribed by the commission. The report shall contain all information required by the commission to aid in administering the water law and in making inventory of the state's water resources. However, with the exception of those persons who hold water rights, no report is required of persons who take water solely for domestic or livestock purposes.
(c) The commission may waive the requirements of Subsection (a) of this section for a person who has a water right or uses state water in an area of the state where watermaster operations are established.

4. Statutes cont. TWC 11.031 b & g b. Penalty for not reporting
$100 per day <5,000 ac/ft per year
$500 per day >5,000 ac/ft per year
Increased penalty in 2013 (83rd Leg HB 2615)
From $25+$1 per day (max of $150)
g. electronic submission
TWC Sec ANNUAL REPORT.
(b) A person who fails to file an annual report with the commission as required by Subsection (a) or fails to timely comply with a request by the commission to make information available under Subsection (d) is liable for a penalty for each day the person fails to file the statement or comply with the request after the applicable deadline in an amount not to exceed:
(1) $100 per day if the person is the holder of a water right authorizing the appropriation of 5,000 acre-feet or less per year; or
(2) $500 per day if the person is the holder of a water right authorizing the appropriation of more than 5,000 acre-feet per year.
(b-1) The state may sue to recover a penalty under Subsection (b).
(g) The commission shall establish a process by which a report required under Subsection (a) may be submitted electronically through the Internet.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec , eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 427, Sec. 1, 2, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch (H.B. 2694), Sec. 5.02, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch (H.B. 2615), Sec. 1, eff. September 1, 2013.

5. Rules 30 TAC 295.202 a. Annual water rights reports
20 TAC (a) Annual reports. Every person who takes water from a stream or reservoir during the preceding calendar year shall submit a written report to the commission. Blank forms for recording the information required by the Texas Water Code, § and §11.032(a), shall be mailed to all surface water users during January of each year. Water use report forms shall be furnished to anyone on request. In completing the reports, a water user shall fill in the blanks to the best of his ability in accordance with the instructions that accompany each form. The report must be returned to the executive director not later than March 1 of each year to avoid the penalties prescribed by the Texas Water Code, §11.031(b). Water users under the jurisdiction of the Rio Grande Watermaster shall return their annual reports to the Rio Grande Watermaster so that office can prepare and submit water use data covering the area of watermaster control. No report is required to be filed by persons who divert water solely for domestic and livestock purposes.
(b) Reports by temporary permit holders. Upon the expiration of the period for which a temporary permit is granted, the appropriator shall cease diverting water and file a written report with the executive director, stating the amount of water and the date of cessation of use.
(c) Report on time limitations for construction. Within 10 days after beginning construction or installation of diversion and distribution facilities, a permittee shall file a statement with the executive director showing that work was begun within the time limit allowed. Immediately upon completion of the project, a similar statement must be filed with the executive director showing that the work was completed within the specified time limitations.
(d) Report of contractual sales.
  (1) The purchaser under a contract to supply state water shall submit annual written reports to the executive director in accordance with subsection (a) of this section indicating the total amount of water diverted each month and the total amount diverted each week. Purchasers diverting from the perimeter of a reservoir need to report only monthly diversions.
  (2) The supplier shall submit annual written reports to the executive director in accordance with subsection (a) of this section indicating the total amount of water diverted and used each month for each purpose and the total amount released downstream each week to each purchaser under the storage water right specified in the contract. A separate reporting of the amount of water estimated for transmission losses shall be made.
  (3) These reporting requirements shall apply to all contractual permits and water supply contracts.
  (4) For purposes of this subchapter, a week is the period from Saturday midnight to Saturday midnight.
30 TAC
a. Annual water rights reports
b. Temporary permit holders upon expiration
d. Water Supply Contracts
Both buyer and Seller report

6. Why Reporting Matters
Administering water rights and inventory of water resources:
Regional Water Planning
Water Rights
Extend WAMs
Water marketing
Reporting matters for the TCEQ to update modeling within each river or water shed to determine the amount of water available. Term permits are granted based upon surplus water, similar to a bank making loans based upon leveraged interest.

7. Frequently asked questions
Page 2 of Instructions with WUR
Name, Address, and Ownership updates
Frequently asked questions are included with the Water Use report mail outs. They are located on page 2 of the instructions. These frequently asked questions usually pertain to the definitions of terms and address or ownership updates.

8. WUR-Name, address, or ownership update (located on the back of WUR)
The change in name, address, or ownership box is printed on the reverse side of the WUR.

9. What to Report? Diversion Amount (Acre-Feet)
Max Diversion Rate (CFS or GPM)
Condition of the Dam
Updating Contact or Owners
Diversion
How much was used with a reasonable amount of accuracy. Remember, units matter!
1 acre-foot = 325,851 Gallons
About 1 football field 1 foot deep
Diversion Rate
How fast was the water diverted with a reasonable amount of accuracy. Remember, units matter!
Cubic feet per second, vs Gallons per minute
Condition of the Dam
If you have one what does it look like? Have you spoken with the Dam Safety Team?
Useful Comments
Information that may explain reporting anomalies, i.e. “it rained so we did not divert from the river”
Updating Contact or Owners
Address, name, or owner change may be indicated on the back of the form.

10. Water Use Report (WUR) Forms
Forms are grouped by Use
9 Forms
Avoid errors in reporting
Simplify the process
Examples
Forms are distinguished by use
Agriculture- Irrigation and Non-irrigation including Wildlife, Aquaculture, Stock raising, and or Other Agriculture
Municipal or Domestic
Recreation
Industrial
Mining
Recharge
Domestic and Livestock
Other
Reservoir NO DIVERSION.

11. Reservoir Only Condition of the Dam? Low Flow outlets? Comments:
Starting with the least complicated form.

12. Municipal/Domestic Form
Diversion Amount
Max Diversion Rate
Comments:
Note the Instructions “Exclude Groundwater” or “Exclude Groundwater and water that you purchased under a contract.”
Municipal/ Domestic Form
Diversion Amount (ac/ft) and Max Diversion Rate (CFS or GPM) added
Dam condition is usually there.
Comments
Units Matter

13. Agriculture Form Diversion is split by sub-category
Irrigation on the Left
Wildlife, Stockraising, and/or Other Agriculture on the Right
Agriculture WUR
Diversion is split by sub-category please differentiate what you have
Irrigation on the Left
Wildlife, Stockraising, and /or Other Agriculture on the Right
These uses are defined in the water code Chapter 11

14. Industrial Form Diverted Amount Consumed Amount
processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;
Industrial WUR
Industrial processes TWC (2)…which means processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;
Diversion is split by sub-categories:
Diverted (acre-feet)
Consumed (acre-feet)

15. Mining Form Diverted Amount Consumed Amount
Mining and recovery of minerals
Mining WUR
Industrial processes TWC (3)
Sometimes
Diversion is split by sub-categories:
Diverted (acre-feet)
Consumed (acre-feet)

16. Other Form Uses included: Recreation Instream Wetlands Public Parks
Game Preserves
Hydroelectric
Flood Control
Navigation
Water Quality
Other
This form incorporates all other Reported uses along with any “other” uses that may be developed.
TWC (7)

17. Other Form Condition of the Dam?
Did you Divert? Indicate the Use and complete Column 1.
Did you permit water to remain in watercourse? Indicate the Use and complete Column 2.
We are still interested in the condition of the Dam.
Indicate the diverted amount, and the used amount. They are different in intent.
There is also a general form for use in voluntary reporting.

18. Water Use Reports are: Required Important
Take away: WURs are required and important.

19. Contact Information
Water Availability Division
Changes of Ownership
Water Use Reports
Water Rights Permitting
Phone:
For general information on water rights permitting, please go to:
The goal of todays course was to present you an overview of Water use reports, giving you a glimpse into the available forms and reporting aspects. There are other online resources that can aid you in your search through these murky surface waters.
I understand this presentation has moved quickly, if there are any topics that you would like for me to go into more detail on I would be happy to do so at this time.
I hope you have gained more insight into the world of Surface Water Rights Reporting.