The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Account--The record of diversion and use of state water maintained by the watermaster for each purpose of use authorized for each owner's separate portion of a water right, or the record of impoundment and releases for each owner's separate portion of an on-channel reservoir authorized under a water right, except those reservoirs exempted in accordance with the Texas Water Code, §11.142. An account will also be established for each separate arrangement by a contractual buyer to purchase state water.
2. (2) Agent--A person who wishes to act in behalf of a water right holder in regard to diversion use, impoundment of state water, payment of a watermaster assessment, or, for a contractual buyer, in regard to diversion, use, or impoundment of state water.
3. (3) Allocation--The division of available flow between water right holders by the watermaster. This also includes regulation of diversions by water right holders in order to meet demands for exempt domestic and livestock users.
4. (4) Assessment--The cost to be levied by the commission to water right holders to finance watermaster operations.
5. (5) Contractual buyer--A person who impounds or diverts water under a contractual permit, or under a particular water right pursuant to a contract with the holder of that water right, where such contract has been accepted for filing by the executive director.
6. (6) Declaration of intent--A statement submitted by a diverter to the watermaster describing an intent under a specific water right or contractual purchase arrangement to divert water, or to make a dedicated release of stored water, for a specified period of time and in association with an authorized facility.
7. (7) Dedicated release--The release of lawfully stored water from a reservoir, under a specific water right, for specific authorized uses downsteam.
8. (8) Diversion facility--Any dam, pump, canal or other such device used to take water, for other than exempt uses, from a watercourse or impoundment.
9. (9) Diverter--Any water right holder, agent, or contractual buyer who impounds, takes, diverts, or makes a dedicated release of state water.
10. (10) Measuring device--A device designed for the measurement of rates of flow and/or quantities of water.
11. (11) Report of diversion, release, or impoundment--A report which the diverter is required to submit to the watermaster after recording the amount of water actually diverted or released during the period of a declaration of intent, or a report for the impoundment of water, as well as any additional information required by the watermaster. The watermaster may specify a report period that is different from the declaration of intent period.
12. (12) Return flow--The entry into a stream or reservoir of water following its use for municipal, industrial, irrigation or other purposes.
13. (13) Salt water diversion--Diversion of state water from the Gulf of Mexico or its bays and arms, or any watercourse or reservoir subject to tidal influence, or when the water right specifies diversion of salt or brackish water; and where, for such cases, the diversion has no significant adverse effect on the supply of water for other authorized diverters, and the diversion does not require protection from junior appropriators.
14. (14) Water division--A specific area of the state, designated by the commission pursuant to the Texas Water Code, §11.325, for the purpose of administering water rights.
15. (15) Watermaster--The person appointed by the executive director pursuant to the Texas Water Code, §11.326(a), to administer water rights in a given water division or group of water divisions.
16. (16) Water right--A right acquired under the laws of the state and the rules of the Texas Water Commission to impound, divert, and/or use state water. Contractual permits and water contracts are not included under this definition.
17. (17) Water right holder--A person or entity who owns a water right. In the case of divided interests, this term will apply to each separate owner.

Source Note:The provisions of this §304.3 adopted to be effective August 5, 1988, 13 TexReg 3639.