1. (a) Each diverter, and each person who makes a significant return flow, shall install and maintain a measuring device at such point or points as may be determined by the watermaster to be necessary for proper and efficient administration of water rights. All such measuring devices shall be subject to approval of the watermaster. The measuring devices shall measure within 5.0% accuracy, unless otherwise approved by the watermaster. The diverter shall provide reasonable access to such measuring device. The diverter, or person who makes a return flow, shall be liable for all expenses incurred in the acquisition, installation, maintenance and operation of such measuring devices. In the event a measuring device becomes inoperable, the diverter, or person who makes a return flow, at the direction of the watermaster, shall provide an alternate method of measurement, or estimation acceptable to the watermaster.

2. (b) Unless required by a permit, certificate of adjudication, or other water right, the following types of diversions and return flows associated with such diversions shall be exempt from the requirement to install and maintain measuring devices; provided, however, that the watermaster may require any such diverter, or any person making return flows, to provide an alternate method of estimating diversions or return flows acceptable to the watermaster:

   1. (1) diversions of water by spreader dams;
   2. (2) diversions of water for hydroelectric generation;
   3. (3) salt water diversions;
   4. (4) diversions of water for direct input from a cooling pond and/or cooling reservoir into an electric steam power plant for cooling purposes and return flows of such water to a cooling pond;
   5. (5) wastewater effluent for which the return flow is being measured and reported in a manner consistent with commission standards relative to wastewater discharge regulations; and
   6. (6) any other diversion or return flow of water that the water master may deem appropriate.

Source Note:The provisions of this §304.13 adopted to be effective August 5, 1988, 13 TexReg 3639.