Without obtaining a permit from the commission, county and rural community fire departments and other emergency service providers may divert and use state water from streams and reservoirs, including exempt domestic and livestock reservoirs for fire and emergency purposes. Emergency purposes under this rule include use of water to fight fires, manage chemical spills, and as needed to deal with emergency public welfare concerns. Emergency purposes does not include domestic, livestock or other purposes defined by §297.1 of this title (relating to Definitions). Rural emergency service providers (entities) may also establish "Dry Hydrant" installations in streams and reservoirs, including exempt reservoirs. Dry hydrant installations shall be exempt from permitting requirements provided that:
  (1) Hydrant locations are identified and documented by the installing entities and the entities file these identification codes and location descriptions with the executive director within 120 days after completion of an installation;
  (2) Facilities installed before the adoption of this rule are documented within six months after the rule is adopted;
  (3) Ingress and egress authorizations are obtained from private property owners and/or public entities on whose property the installations are located;
  (4) Installations conform to design and installation requirements and guidelines recommended by the USDA, Natural Resources Conservation Service; and
  (5) Diversions from dry hydrant installations are reported to the executive director by the using entities within 60 days of use. Pump testing of facilities is not required to be reported.
    (A) Local offices of the USDA, Natural Resources Conservation Service can provide technical assistance and recommendations for installation of dry hydrant facilities.
    (B) Hydrant facilities which do not meet the above minimum requirements must be authorized by Water Code, §11.121 permits granted by the commission.

Source Note: The provisions of this §297.26 adopted to be effective February 24, 1999, 24 TexReg 1162