Section 297.13 - Temporary Permit under the Texas Water Code, Section 11.138(a) A commissioner may authorize temporary permits under this section for beneficial purposes to the extent that they do not interfere with or adversely affect prior appropriations or vested rights on a stream from which water is to be diverted under such temporary water rights or environmental flow needs. A temporary permit is primarily designed for those persons who require state water for highway construction, oil or gas well drilling projects, hydro-static tests for pipelines, and other types of short duration projects.(b) A temporary permit may not be granted for a period of time exceeding three years and shall be junior to all affected prior appropriations and vested rights on a stream. This permit does not vest in the holder any permanent right to the use of state water and expires in accordance with its terms and may be suspended upon notice by the executive director or watermaster, as applicable, in order to protect senior water rights. The permit may also have conditions for the protection of instream uses, water quality, aquatic and wildlife habitat, and freshwater inflows to bays and estuaries.(c) The period of time to use water authorized by a temporary permit which was initially granted for a period of less than three years may be extended by the commission upon written request by the permittee, but in no event shall the entire period including the initial period as well as any extension exceed three years nor shall an extension of time seek a change of diversion rate, diversion point, or additional water.(d) A temporary permit for the use of ten acre-feet or less for a period of one calendar year or less may be authorized without notice and hearing upon the 30th day after a registration and fee as provided by § 295.132 of this title (relating to Filing, Recording, and Notice Fees) is filed with the TCEQ regional director or the watermaster, as applicable, unless the applicant is notified by the regional director or watermaster within the thirty day period that the registration is denied for failure to meet the requirements of this section. The registration must contain a sworn statement by the applicant containing the following minimum information: (1) the name, mailing address and telephone number of the applicant;(2) the diversion point and location of use as indicated on a United States Geological Survey 7.5 minute map(s);(3) the purpose of use, as authorized under Texas Water Code, § 11.023;(4) the proposed maximum diversion rate;(5) amount of water to be diverted not to exceed ten acre-feet per year; and(6) the period for which the water is to be used, not to exceed one year from the 30th day from the date the registration is filed with the TCEQ regional director or watermaster, as applicable.30 Tex. Admin. Code § 297.13
The provisions of this §297.13 adopted to be effective May 30, 1986, 11 TexReg 2330; amended to be effective June 28, 1996, 21 TexReg 5442; amended to be effective February 24, 1999, 24 TexReg 1162; Amended by Texas Register, Volume 41, Number 20, May 13, 2016, TexReg 3513, eff. 5/19/2016