SECTION 298.10. Applicability

(a) This chapter only relates to a permit for a new appropriation of water or to an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted, and the chapter applies only when there is an applicable adopted environmental flow standard and only to:

(1) Water appropriated under a permit for a new appropriation of water, the application for which was pending with the commission on September 1, 2007, or is filed with the commission on or after that date; or

(2) The increase in the amount of water authorized to be stored, taken, or diverted under an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted, and the application for which was pending with the commission on September 1, 2007, or was filed with the commission on or after that date.

(b) This chapter does not otherwise amend or restrict the commission's authority to impose special conditions on water right permits, including special conditions to protect environmental flows. The commission retains any and all authority to place special conditions on interbasin transfers; on amendments, such as an amendment to move a diversion point upstream; and on authorizations under Texas Water Code (TWC), §11.042 and §11.046, to protect environmental flows or senior water rights. This chapter also does not expand the commission's authority to impose special conditions on water right permits beyond the authority granted to the commission in TWC, Chapter 11, or expressed by the commission in Chapter 297 of this title (relating to Water Rights, Substantive).

Source Note: The provisions of this §298.10 adopted to be effective May 15, 2011, 36 TexReg 2908