Section 303.23 - Distribution of Available Waters-Upper Rio Grande and All Rio Grande Tributaries(a) Distribution of waters in the Upper Rio Grande and all Rio Grande tributaries shall be based upon the amount of water authorized per annum and the priority date of the water right. Water rights holders in the Upper Rio Grande and all Rio Grande tributaries are entitled to waters flowing in these watercourses excluding water-in-transit, which can be beneficially used and which are used in accordance with § 303.11 of this title (relating to Records of Diversions--General) and § 303.13 of this title (relating to Records--Upper Rio Grande and All Rio Grande Tributaries). All waters excluding water-in-transit which cannot be so used shall be available to the Lower and Middle Rio Grande system.(b) Total certifications issued in a year shall be limited to the water rights holder's annual authorization.(c) In periods of shortage, on the watermaster's initiative or when requested by a water rights holder on the same tributary or on the Upper Rio Grande, the watermaster may impose limitations of the time, rate, and/or quantity of water diverted.(d) Distribution of available waters from the Rio Grande above Amistad and all Rio Grande tributaries shall not be eligible for distribution or use to water-in-transit accounts.30 Tex. Admin. Code § 303.23
The provisions of this §303.23 adopted to be effective July 2, 1986, 11 TexReg 2890; amended to be effective October 26, 2006, 31 TexReg 8716