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Regulatory and Permitting Information Desktop Toolkit

Texas Temporary Surface Water Permit (19-TX-e)

In Texas, the Texas Commission on Environmental Quality (TCEQ), or in certain instances regional TCEQ offices or local Watermasters, issue temporary water permits for surface water use. Under Tex. Water Code § 11.138, a Temporary Water Permit will be issued if the diversion of water will not interfere with other water rights.


Temporary Surface Water Permit Process

19-TX-e.1 – Is the Surface Water Use Temporary, Less Than 1 Year, and Less Than 10 Acre Feet?

Fewer procedures are required to obtain a Temporary Water Permit if the use is for less than 10 acre feet of water and the permit is for less than one year. ( Tex. Water Code § 11.138)

19-TX-e.2 to 19-TX-e.4 – Application for a Temporary Water Use Permit for Up to 10 Acre Feet and Up to One Year

Applications for Temporary Water Permits, that require less than 10 acre feet and less than one year of use, are handled by local TCEQ offices or by the local Watermaster.

The developer should contact the regional TCEQ office or Watermaster for local rules and procedures.

The developer must submit a completed Application for a Temporary Water Use Permit for Up to 10 Acre Feet and Up to One Year (TCEQ-20425) with the required documentation and fees to the appropriate local office.

The local TCEQ office or Watermaster will review the application for completeness and determine if the temporary use interferes with or adversely affects other water rights holders.

19-TX-e.5 to 19-TX-e.6 – Application for a Temporary Water Use Permit for more than 10 Acre Feet, or for Longer than One Year

Applications for Temporary Water Permits, that require more than 10 acre feet or longer than one year of use, are handled by the TCEQ.

The developer must submit a completed Application for a Temporary Water Use Permit for more than 10 Acre Feet, or for Longer than One Year (TCEQ-10202) with the required documentation and fees to the TCEQ.

The TCEQ may not issue Temporary Surface Water Permits for longer than 3 years. ( Tex. Water Code § 11.138)

The TCEQ will review the application for completeness.

19-TX-e.7 – TCEQ Notice of Application

The TCEQ will provide notice to persons, that within in the judgment of the TCEQ may be affected by the applications, including all navigation districts within the river basin of the application and all claimants and appropriators of water from the application source supply.

In the notice the TCEQ will:

  1. State the name and address of the developer;
  2. State the date the application was filed;
  3. State the purpose and extent of the proposed appropriation of water;
  4. Identify the source of supply and the place where the water is to be stored or taken or diverted from the source of supply;
  5. Specify the time and location where the commission will hold a public hearing (only if requested); and
  6. Give any additional information the commission considers necessary.

19-TX-e.8 – Publish Notice of Application

The developer is required to publish the TCEQ’s notice at least once in a newspaper that is regularly published or circulated within the section of the state where the source of the water is located.

19-TX-e.9 to 19-TX-e.11 – Does the TCEQ Commissioner, Executive Director, or an Affected Person Request a Public Hearing?

The TCEQ commissioner, the TCEQ executive director, or an affected person has 15 days after the newspaper publication of the TCEQ’s notice to request a public hearing.

If a public hearing is requested the TCEQ will hold the hearing at the time and date listed by its notice.

19-TX-e.12 Temporary Water Permit

If the TCEQ, local TCEQ office, or local Watermaster determines the temporary use of surface water will not interfere with or adversely affect other water rights holders it will issue a Temporary Water Permit.




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