If a contract provides that a purchaser may divert water upstream of a supplier's storage reservoir in a manner which impairs the supplier's water right:
- (1) the purchaser shall obtain a term or temporary permit to the extent of his or her maximum annual diversions of water for the term of the contract; or
- (2) the supplier shall obtain a term or temporary permit or an amendment to the extent of the purchaser's maximum annual diversions of water for the term of the contract; provided that the contract specifies that the supplier shall apply for such permit or amendment and that the purchaser shall divert water only pursuant to such permit or amendment.
Source Note:The provisions of this §297.104 adopted to be effective May 29, 1986, 11 TexReg 2331.