Section 297.74 - Forfeiture and Revocation of Water Right(a) A water right may be forfeited for failure to timely commence or complete construction of the diversion facilities as provided by § 295.72 of this title (relating to Applications for Extension of Time).(b) A temporary or term permit may be revoked or suspended upon written or verbal notice by the executive director or watermaster, as applicable, without hearing if necessary to protect senior and vested water rights or instream uses and freshwater inflow needs for bays and estuaries. Notice of such revocation shall also be provided to the affected water right holder by registered mail, return receipt requested.(c) Authorization to divert water from a reservoir constructed by the federal government for which no local sponsor has been designated nor permit issued or a reservoir permitted for storage solely for the purpose of optimum development of the project may be revoked when compliance with the conditions contained in the letter authorizing the diversion of water is not occurring or, in the case of authorized diversions for domestic use, water becomes reasonably available through a water supply system. Revocation shall be made by a letter setting forth the basis of the revocation signed by a commissioner. Upon receipt of the letter, the user shall cease diverting water and remove diversion facilities.(d) This section does not apply to a permit for construction of a reservoir designed for storage of more than 50,000 acre-feet of water.30 Tex. Admin. Code § 297.74
The provisions of this §297.74 adopted to be effective February 24, 1999, 24 TexReg 1162; amended to be effective August 15, 2002, 27 TexReg 7152