(a) Provisional disposition. The executive director shall review each application for a temporary permit and make a recommendation as to whether or not sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. If the application is for not more than 10 acre-feet of water and for a period of not more than one year, if no valid complaint has been received by the commission prior to or during the pendency of the application from a person alleging the matters set out in subsection (b) of this section, and if it appears to the executive director that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights, the application will be forwarded to the commission, any member of which shall have the authority to make provisional disposition of the application by issuing a temporary permit to the applicant.
(b) Action upon receipt of complaint. If a complaint is received before or after diversions are commenced under a temporary permit issued provisionally as provided in subsection (a) of this section from a person alleging that he is the owner of a water right or is a lawful user of water on the stream affected by the temporary permit and that the diversion of water under the temporary permit will impair the rights of the complainant, the executive director shall make an immediate investigation to determine whether there is a reasonable basis for such complaint. If it appears from a preliminary investigation that there is a probability that diversions under the temporary permit will result in injury to the complainant, the executive director shall request that the commission immediately notify, and the commission shall immediately notify, the holder of such temporary permit that the permit is cancelled without notice and hearing and that no further diversions may be made under it pending a full hearing, as provided in §295.174 of this title (relating to Applications for Temporary Permits, Emergency Permits, and Authorization to Divert Water From Unsponsored and Storage-Limited Projects for Domestic and Livestock Purposes).

Source Note: The provisions of this §295.181 adopted to be effective May 28, 1986, 11 TexReg 2326.