SECTION 298.485. Water Right Permit Conditions

(a) For water right permits with an authorization to store or divert water from the Brazos River and its associated tributaries, and from the Brazos-Colorado Coastal Basin, and to which the environmental flow standards apply, that are issued after the effective date of this subchapter, the water right permit or amendment shall contain flow restriction special conditions that are adequate to protect the environmental flow standards of this subchapter.

(b) For water right permits with an authorization to divert water in the Brazos River Basin and the Brazos-Colorado Coastal Basin at a rate less than 20% of the pulse trigger level requirements of an applicable high flow pulse at a measurement point, as described in §298.480 of this title (relating to Environmental Flow Standards), and to which the environmental flow standards apply, that are issued after the effective date of this subchapter, the water right permit or amendment shall contain flow restriction special conditions that are adequate to protect the environmental flow standards of this subchapter; however, no special conditions are necessary to preserve or pass that applicable high flow pulse.

(c) For water right permit applications that request only to increase authorized storage by up to 15%, in the Palo Pinto Creek watershed, and to which the environmental flow standards apply, that are issued after the effective date of this subchapter, the water right permit or amendment shall contain flow restriction special conditions that are adequate to protect the environmental flow standards of this subchapter; however, no special conditions are necessary to preserve or pass any otherwise applicable high flow pulses.

Source Note: The provisions of this §298.485 adopted to be effective March 6, 2014, 39 TexReg 1416