Section 297.102 - When Application Required(a) If the exercise of rights under the contract between the supplier and the purchaser would require amendment of the appropriative right on which the sale is based, the supplier shall submit an application for an amendment in accordance with § 295.101 of this title (relating to Documents To Be Filed).(b) If the exercise of rights under the contract between the supplier and the purchaser would not require amendment of the appropriative right on which the sale is based or would require amendment of the appropriative right only by adding a diversion point or by changing the place of use of a water right which authorizes storage, the supplier shall submit a copy of the executed contract to the executive director and shall not have to submit an application for an amendment.(c) If the supplier is not the holder of the appropriative right on which the sale is based and if the exercise of rights under the contract between the supplier and the purchaser would require an amendment to alter the appropriative right: (1) the holder of the appropriative right on which the sale is based shall apply to amend the right in accordance with § 295.71 of this title (relating to Applications To Amend a Permit), and the supplier shall submit a copy of the contract and/or an application for a permit in accordance with § 295.101 of this title (relating to Documents To Be Filed); or(2) the holder of the appropriative right on which the sale is based shall join with the supplier in the application for amendment.(d) See § 295.158 of this title (relating to Notice of Amendments to Water Rights) for notice requirements and Chapter 295, Subchapter B of this title (relating to Water Rights, Procedural) for required fees.30 Tex. Admin. Code § 297.102
The provisions of this §297.102 adopted to be effective May 29, 1986, 11 TexReg 2331.