TCEQ issues surface water diversion letter
The Texas Commission on Environmental Quality has issued the following statement on diversion of surface water during current drought conditions. The letter is dated May 27.
“Re: Alert for Permitted State Surface Water Diversions
“Dear Water Right Holder:
“The Texas Commission on Environmental Quality (TCEQ) is closely monitoring drought conditions and streamflow across Texas. Reduced streamflow can cause shortages that may impact senior and superior water rights. The TCEQ is responsible for protecting senior and superior water rights and ensuring water right holders divert and/ or impound water only as authorized by their permit.
“Senior water rights have the earliest priority dates and are entitled to water first among permitted water rights in the basin. E\'.empt domestic and livestock uses are superior to permitted rights. If the TCEQ curtails or suspends water rights to satisfy senior or superior water rights, it must be done according to priority date.
“Under the TCEQ v. Texas Farm Bureau court decision, the TCEQ will not be able to exempt any water rights, including junior water rights used for municipal purposes or power generation, from curtailment or suspension based on public health, safety, or welfare concerns. Accordingly, water right holders are strongly encouraged to review, update, and implement Drought Contingency Plans. Water right holders may also investigate alternative sources of water, particularly if the water right is the sole source of supply.
“It is not possible to predict how severe drought conditions may become or how long they will persist. General information about the drought may be found on the TCEQ'S website at http://www.tceq.tcxas.!j;o,-/rcsponse/drought.
“Questions can be discussed with my staff as follows:
“Brazos Watermaster Program
Molly Mohler, Watermaster
Email: Molly.mohler@tceq.texas.gov Phone: 254761-3006
“South Texas & Concho Watermaster Programs
Angela Sander, Watermaster
Email: Angela.sander@tceq.texas.gov Phone: 210-403-4040
“Water Rights Permitting (non-watermaster areas)
Chris Kozlowski, Team Leader
Email: Chris.kozlowski@tceq.texas.gov Phone: 512-239-1801”
The letter is signed by TCEQ Exeuctive Director Toby Baker.