| (38) Priority--As between appropriators, the first in time
is the first in right, Texas Water Code, §11.027, unless determined otherwise
by an appropriate court or state law.
(39) Reclaimed water--Municipal or industrial wastewater or
process water that is under the direct control of the treatment plant owner/operator,
or agricultural tailwater that has been collected for reuse, and which has
been treated to a quality suitable for the authorized beneficial use.
(40) Recreational use--The use of water impounded in or diverted
or released from a reservoir or watercourse for fishing, swimming, water skiing,
boating, hunting, and other forms of water recreation, including aquatic and
wildlife enjoyment, and aesthetic land enhancement of a subdivision, golf
course, or similar development.
(41) Register--The Texas Register.
(42) Reservoir system operations--The coordinated operation
of more than one reservoir or a reservoir in combination with a direct diversion
facility in order to optimize available water supplies.
(43) Return water or return flow--That portion of state water
diverted from a water supply and beneficially used which is not consumed as
a consequence of that use and returns to a watercourse. Return flow includes
(44) Reuse--The authorized use for one or more beneficial purposes
of use of water that remains unconsumed after the water is used for the original
purpose of use and before that water is either disposed of or discharged or
otherwise allowed to flow into a watercourse, lake, or other body of state-owned
(45) River basin--A river or coastal basin designated by the
Texas Water Development Board as a river basin under Texas Water Code, §16.051.
The term does not include waters originating in bays or arms of the Gulf of
(46) Runoff--That portion of streamflow comprised of surface
drainage or rainwater from land or other surfaces during or immediately following
(47) Secondary use--The reuse of state water for a purpose
after the original, authorized use.
(48) Sewage or sewage effluent--Water-carried human or animal
wastes from residences, buildings, industrial establishments, cities, towns,
or other places, together with any groundwater infiltration and surface waters
with which it may be commingled.
(49) Spreader dam--A levee-type embankment placed on alluvial
fans or within a flood plain of a watercourse, common to land use practices,
for the purpose of overland spreading of diffused waters and overbank flows.
(50) State water--The water of the ordinary flow, underflow,
and tides of every flowing river, natural stream, and lake, and of every bay
or arm of the Gulf of Mexico, and the stormwater, floodwater, and rainwater
of every river, natural stream, and watercourse in the state. State water
also includes water which is imported from any source outside the boundaries
of the state for use in the state and which is transported through the beds
and banks of any navigable stream within the state or by utilizing any facilities
owned or operated by the state. Additionally, state water injected into the
ground for an aquifer storage and recovery project remains state water. State
water does not include percolating groundwater; nor does it include diffuse
surface rainfall runoff, groundwater seepage, or springwater before it reaches
(51) Stormwater or floodwater--Water flowing in a watercourse
as the result of recent rainfall.
(52) Streamflow--The water flowing within a watercourse.
(53) Surplus water--Water taken from any source in excess of
the initial or continued beneficial use of the appropriator for the purpose
or purposes authorized by law. Water that is recirculated within a reservoir
for cooling purposes shall not be considered to be surplus water.
(54) Unappropriated water--The amount of state water remaining
in a watercourse or other source of supply after taking into account complete
satisfaction of all existing water rights valued at their full authorized
amounts and conditions.
(55) Underflow of a stream--Water in sand, soil, and gravel
below the bed of the watercourse, together with the water in the lateral extensions
of the water-bearing material on each side of the surface channel, such that
the surface flows are in contact with the subsurface flows, the latter flows
being confined within a space reasonably defined and having a direction corresponding
to that of the surface flow.
(56) Waste--The diversion of water if the water is not used
for a beneficial purpose; the use of that amount of water in excess of that
which is economically reasonable for an authorized purpose when reasonable
intelligence and reasonable diligence are used in applying the water to that
purpose. Waste may include, but not be limited to, the unreasonable loss of
water through faulty design or negligent operation of a water delivery, distribution
or application system, or the diversion or use of water in any manner that
causes or threatens to cause pollution of water. Waste does not include the
beneficial use of water where the water may become polluted because of the
nature of its use, such as domestic or residential use, but is subsequently
treated in accordance with all applicable rules and standards prior to its
discharge into or adjacent to water in the state so that it may be subsequently
(57) Water conservation plan--A strategy or combination of
strategies for reducing the volume of water withdrawn from a water supply
source, for preventing or reducing the loss or waste of water, for maintaining
or improving the efficiency in the use of water, for increasing the recycling
and reuse of water, and for preventing the pollution of water. A water conservation
plan may be a separate planning document or may be contained within another
water management document(s).
(58) Water in the state--Groundwater, percolating or otherwise,
lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks,
estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial
limits of the state, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, navigable or nonnavigable, and including
the beds and banks of all watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or inside the jurisdiction
of the state.
(59) Watercourse--A definite channel of a stream in which water
flows within a defined bed and banks, originating from a definite source or
sources. (The water may flow continuously or intermittently, and if the latter
with some degree of regularity, depending on the characteristics of the sources.)
(60) Water right--A right or any amendment thereto acquired
under the laws of this state to impound, divert, store, convey, take, or use
(61) Watershed--A term used to designate the area drained by
a stream and its tributaries, or the drainage area upstream from a specified
point on a stream.
(62) Water supply--Any body of water, whether static or moving,
either on or under the surface of the ground, available for beneficial use
on a reasonably dependable basis.
(63) Wetland--An area (including a swamp, marsh, bog, prairie
pothole, playa, or similar area) having a predominance of hydric soils that
are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support and that under normal circumstances supports the growth
and regeneration of hydrophytic vegetation. The term "hydric soil" means soil
that, in its undrained condition is saturated, flooded, or ponded long enough
during a growing season to develop an anaerobic condition that supports the
growth and regeneration of hydrophytic vegetation. The term "hydrophytic vegetation"
means a plant growing in water or a substrate that is at least periodically
deficient in oxygen during a growing season as a result of excessive water
content. The term "wetland" does not include:
(A) irrigated acreage used as farmland;
(B) man-made wetlands of less than one acre; or
(C) man-made wetlands not constructed with wetland creation
as a stated objective, including, but not limited to, impoundments made for
the purpose of soil and water conservation which have been approved or requested
by soil and water conservation districts. This definition does not apply to
man-made wetlands described under this subparagraph constructed or created
on or after August 28, 1989. If this definition conflicts with the federal
definition in any manner, the federal definition prevails.