The commission will consider applications to amend water rights. Transfer of the point of diversion and/or place of use of water rights from the Lower and Middle Rio Grande to above Amistad Reservoir are prohibited; however, transfers may be made between the mainstem of the Lower Rio Grande and the mainstem of the Middle Rio Grande. Applications must meet all of the requirements for an original water permit as set out in Chapter 295 of this title (relating to Water Rights, Procedural) and Chapter 297 of this title (relating to Water Rights, Substantive).

1. (1) An applicant shall submit to the executive director an application prepared to reflect the desired change(s) and executed as provided in these sections.
2. (2) Determination of the type of notice required will be made by evaluating the applications according to §295.158 of this title (relating to Notice of Amendments to Water Rights). One exception to this is that changes in the purpose of use, rate of diversion, point of diversion, and place of use for water rights held in and transferred within and between the mainstems of the Lower Rio Grande, Middle Rio Grande, and Amistad Reservoir will not require mailed and published notice.

Source Note:The provisions of this §303.42 adopted to be effective July 2, 1986, 11 TexReg 2890.