Section 295.155 - Notice for Interbasin Transfers(a) The notice requirements of this subchapter for an application for a new or amended water right, as applicable, shall apply to an application for an interbasin transfer except as otherwise provided by this section. In addition, notice shall be given to users of record in the receiving basin who are located below the point of introduction except for interbasin transfers described under subsection (d)(2) - (5) of this section. For purposes of this section, a river basin is defined and designated by the Texas Water Development Board by rule pursuant to Texas Water Code, § 16.051. An increase in the amount of water being transferred to the receiving basin under an existing water right constitutes a new interbasin basin transfer for purposes of this section.(b) In addition to the notice requirements provided by subsection (a) of this section, notice of an application for an interbasin transfer shall also include the following unless exempted by subsection (d) of this section: (1) notice of the application shall be mailed to:(A) all holders of water rights located in whole or in part in the basin of origin if not already provided under subsection (a) of this section;(B) each county judge of a county located in whole or in part in the basin of origin;(C) each mayor of a city with a population of 1,000 or more based upon the most recent estimate of the U.S. Census Bureau located in whole or in part in the basin of origin;(D) all groundwater conservation districts located in whole or in part in the basin of origin;(E) each state legislator in both basins; and(F) the presiding officer of each affected regional water planning group in both basins;(2) the applicant shall cause notice of the application to be published in two different weeks within a 30-day period in one or more newspapers having general circulation in each county located in whole or in part in the basin of origin and the receiving basin. The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches. The notice of application and public meetings shall be combined in the mailed and published notices; and(3) the notice of the application must state how a person may obtain from the applicant, without cost, information relating to the contract price of the water to be transferred; a statement of each general category of proposed use of the water to be transferred, and a detailed description of the proposed uses and users under each category; the cost of diverting, conveying, distributing, and supplying the water to, and treating the water for, the proposed users; and the projected effect on user rates and fees for each class of ratepayers.(c) The applicant shall pay the cost of notice required to be provided under this section.(d) Subsection (b) of this section shall not apply to:(1) a proposed transfer which in combination with any existing transfers totals less than 3,000 acre-feet of water per annum from the same water right;(2) a request for an emergency transfer of water under § 297.17 of this title (relating to Emergency Authorization (Texas Water Code, § 11.139));(3) a proposed transfer from a basin to its adjoining coastal basin; or(4) a proposed transfer from the part of the geographic area of a county or municipality, or the part of the retail service area of a retail public utility as defined by Texas Water Code, § 13.002, that is within the basin of origin for use in that part of the geographic area of the county or municipality, or that contiguous part of the retail service area of the utility, not within the basin of origin. The further transfer and use of this water outside of such county, municipality, or the part of the retail service area of a retail public utility as defined by Texas Water Code, § 13.002 as existing at the time of the transfer or as may exist in the future other than back to the basin of origin shall not be exempt under this paragraph;(5) a proposed transfer of water that is: (A) imported from a source located wholly outside the boundaries of this state, except water that is imported from a source located in the United Mexican States;(B) for use in this state; and(C) transported by using the bed and banks of any flowing natural stream in this state.30 Tex. Admin. Code § 295.155
The provisions of this §295.155 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective February 21, 1999, 24 TexReg 969; amended to be effective May 6, 2010, 35 TexReg 3500; amended to be effective August 28, 2014, 39 TexReg 6492