1. (a) The right to use that amount of water appropriated which is conserved as a result of the implementation of water conservation measures shall not be subject to cancellation or forfeiture if, subsequent to the effective date of having implemented the conservation measure(s), the water right holder submits to the executive director a sworn water management plan providing evidence that:

   1. (1) the conserved water is needed in order to meet additional, specifically identified water needs of the water right holder; or
   2. (2) the conserved water is being sold for a specific beneficial use or that portion of the water right is being transferred for beneficial use(s); or
   3. (3) the water right holder requests that the watermaster or executive director make available to interested buyers or lessors at their request information indicating that the conserved water is available for lease or sale.
2. (b) A water management plan submitted in accordance with subsection (a) of this section may be submitted with the annual use report provided by §295.202 of this title (relating to Reports) and may be considered for the purposes of the Texas Water Code, §11.173(b)(2). To qualify for purposes of the Texas Water Code, §11.173(b)(2), a plan submitted pursuant to subsection (a) of this section may not result in more than a consecutive 10-year period of non-use of the conserved water.
3. (c) Based upon information contained in water right holders' water management plans provided by subsection (a) of this section or other information provided by the water right holders, the executive director or watermaster may construct maps and compile information indicating where and how much water, including conserved water, may be available for lease or purchase and make such information available to interested persons upon their request and payment of allowable fees. Fees may be assessed for the administrative and reproduction costs for this information in accordance with state law.
4. (d) The commission's review and action on an application to amend a water right, including an amendment relating to the sale or transfer of conserved water, shall consider the needs of instream uses for water quality, aquatic and riparian wildlife habitat, bays and estuaries, and other public purposes. Accordingly, the commission may reserve from appropriation water necessary to protect these instream uses by placing limitations and conditions on the amended water right. Such reservation is superior to the appropriative right and shall not be subject to the appropriative right except as expressly provided in the water right or by an order issued by the commission pursuant to the Texas Water Code, §11.148.

Source Note:The provisions of this §297.56 adopted to be effective May 3, 1993, 18 TexReg 2558.