reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter B - TRINITY AND SAN JACINTO RIVERS, AND GALVESTON BAY › Section 298.240 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The environmental flow standards or environmental flow
					 set-asides adopted herein for the Trinity and San Jacinto rivers, their
					 associated tributaries, and Galveston Bay may be revised by the commission
					 through the rulemaking process. The final revised rules shall be effective no
					 sooner than ten years from the effective date of this rule, unless the Trinity
					 and San Jacinto basin and bay area stakeholder committee submits a work plan
					 approved by the advisory group under Texas Water Code, §
										11.02362(p),
					 that provides for a periodic review to occur more frequently. In that event,
					 the commission may provide for the rulemaking process to be undertaken in
					 conjunction with the periodic review if the commission determines that schedule
					 to be appropriate. The rulemaking process shall include participation by a
					 balanced representation of stakeholders having interests in the Trinity and San
					 Jacinto Rivers, their associated tributaries, and Galveston
					 Bay.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.250 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Sabine and Neches Rivers, their associated tributaries, and Sabine Lake
					 Bay. In case of a direct conflict, provisions of this subchapter control over
					 any provisions of Subchapter A of this chapter (relating to General Provisions)
					 for purposes of environmental flow standards and regulation in the Sabine and
					 Neches Rivers, their associated tributaries, and Sabine Lake
					 Bay.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.255 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings
					 in this subchapter, unless the context clearly indicates otherwise:
(1) Fall--the period of time October through
				  December, inclusive.
(2)
				  Spring--the period of time April through June, inclusive.
(3) Sound ecological environment--an
				  ecological environment that: supports a healthy diversity of fish and other
				  aquatic life; sustains a full complement of important species; provides for all
				  major habitat types including rivers and streams, reservoirs, and estuaries;
				  sustains key ecosystem processes; and maintains water quality adequate for
				  aquatic life.
(4) Summer--the
				  period of time July through September, inclusive.
(5) Winter--the period of time January
				  through March, inclusive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.260 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Sabine and
				  Neches Rivers, their associated tributaries, Sabine Lake Bay, and the
				  associated Sabine-Neches estuary are substantially sound ecological
				  environments.
(b) The commission
				  finds that these sound ecological environments can best be maintained by a set
				  of flow standards that implement a schedule of flow quantities that contain
				  subsistence flow, base flow, and one level of high flow pulses at defined
				  measurement points. Minimum flow levels for these components will vary by
				  season and by year since the amount of precipitation and, therefore, whether a
				  system is in subsistence or base flow conditions, will vary from year to year
				  and within a year from season to season, and the number of pulses protected
				  will also vary with the amount of precipitation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.265 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is November 30, 2009. The priority
					 date for the environmental flow standards will be used in the water
					 availability determination for a new appropriation or for an amendment to an
					 existing water right that increases the amount of water authorized to be
					 stored, taken, or diverted and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.280 - Environmental Flow Standards

Current through Reg. 49, No. 28; July 12, 2024
The following environmental flow standards are established
					 for the following described measurement points:
(1) Big Sandy Creek near Big Sandy, Texas,
				  generally described as United States Geological Survey (USGS) gage 08019500,
				  and more particularly described as Latitude 32° 36' 14"; Longitude 95°
				  05' 29".
Attached
					 Graphic
(2)
				  Sabine River near Gladewater, Texas, generally described as USGS gage 08020000,
				  and more particularly described as Latitude 32° 31' 37"; Longitude 94°
				  57' 36".
Attached
					 Graphic
(3)
				  Sabine River near Beckville, Texas, generally described as USGS gage 08022040,
				  and more particularly described as Latitude 32° 19' 38"; Longitude 94°
				  21' 12".
Attached
					 Graphic
(4) Big
				  Cow Creek near Newton, Texas, generally described as USGS gage 08029500, and
				  more particularly described as Latitude 30° 49' 08"; Longitude 93° 47'
				  08".
Attached
					 Graphic
(5)
				  Sabine River near Ruliff, Texas generally described as USGS gage 08030500, and
				  more particularly described as Latitude 30° 18' 13"; Longitude 93° 44'
				  37".
Attached
					 Graphic
(6)
				  Neches River at Neches, Texas, generally described as USGS gage 08032000, and
				  more particularly described as Latitude 31° 53' 32"; Longitude 95° 25'
				  50".
Attached
					 Graphic
(7)
				  Neches River near Rockland, Texas, generally described as USGS gage 08033500,
				  and more particularly described as Latitude 31° 01' 30"; Longitude 94°
				  23' 58".
Attached
					 Graphic
(8)
				  Angelina River, near Alto, Texas, generally described as USGS gage 08036500,
				  and more particularly described as Latitude 31° 40' 10"; Longitude 94°
				  57' 24".
Attached
					 Graphic
(9)
				  Neches River at Evadale, Texas, generally described as USGS gage 08041000, and
				  more particularly described as Latitude 30° 21' 20"; Longitude 94° 05'
				  35".
Attached
					 Graphic
(10)
				  Village Creek near Kountze, Texas, generally described as USGS gage 08041500,
				  and more particularly described as Latitude 30° 23' 52"; Longitude 94°
				  15' 48".
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.285 - Water Right Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For water right permits with an authorization to store or divert more than
				  10,000 acre-feet per year in the Sabine and Neches river basins 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 store or divert 10,000 acre-feet or less per year in the
				  Sabine and Neches river basins 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
				  high flow pulses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter C - SABINE AND NECHES RIVERS, AND SABINE LAKE BAY › Section 298.290 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The adopted environmental flow standards or environmental
					 flow set-asides for the Sabine and Neches Rivers, their associated tributaries,
					 and Sabine Lake Bay may be revised by the commission through the rulemaking
					 process. The Sabine and Neches basin and bay area stakeholder committee shall
					 submit their review of the adopted environmental flow standards by September 1,
					 2013, and every five years thereafter. If the stakeholder committee recommends
					 revisions to the adopted environmental flow standards, or, if the commission
					 determines that revisions to the adopted environmental flow standards are
					 appropriate at the time of the periodic review, the rulemaking process shall be
					 undertaken in conjunction with the periodic review. Any final revised rules
					 arising from a rulemaking undertaken in conjunction with any such periodic
					 review shall be effective within one year after the deadline for the review of
					 the adopted environmental flow standards. The rulemaking process shall include
					 participation by a balanced representation of stakeholders having interests in
					 the Sabine and Neches Rivers, their associated tributaries, and Sabine Lake
					 Bay.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter D - COLORADO AND LAVACA RIVERS, AND MATAGORDA AND LAVACA BAYS › Section 298.300 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Colorado and Lavaca Rivers, and Matagorda and Lavaca Bays. The
					 provisions of this subchapter have control over any provisions of Subchapter A
					 of this chapter (relating to General Provisions) that are inconsistent with
					 this subchapter relating to environmental flow standards and regulation in the
					 Colorado and Lavaca Rivers, and Matagorda and Lavaca Bays.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter D - COLORADO AND LAVACA RIVERS, AND MATAGORDA AND LAVACA BAYS › Section 298.310 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Colorado
				  and Lavaca Rivers and their associated tributaries and Matagorda and Lavaca
				  Bays and their associated estuaries are healthy and sound ecological
				  environments.
(b) For the Colorado
				  and Lavaca Rivers, and their associated tributaries, the commission finds that
				  these sound ecological environments can best be maintained by a set of flow
				  standards that implement a schedule of flow quantities that contain subsistence
				  flow, base flow, and high flow pulses at defined measurement points. Minimum
				  flow levels for these components will vary by season and by year since the
				  amount of precipitation and, therefore, whether a system is in subsistence or
				  base flow conditions, will vary from year to year and within a year from season
				  to season, and the number of pulses protected will also vary with the amount of
				  precipitation.
(c) For Matagorda
				  and Lavaca Bays, the commission finds that the sound ecological environment of
				  Matagorda and Lavaca Bays can best be maintained by a set of freshwater inflow
				  standards that include variable freshwater inflow quantities and that
				  incorporate inflow and frequency targets at which specific levels of freshwater
				  inflows occur, which are used for the sole purpose of providing additional
				  freshwater inflows to Matagorda and Lavaca Bays through voluntary
				  strategies.
(d) For East Matagorda
				  Bay, the commission does not adopt environmental flow standards but finds that
				  the sound ecological environment of East Matagorda Bay can be maintained by
				  avoiding further reduction of freshwater inflows, to the extent those
				  reductions can be avoided, and that strategies to provide additional freshwater
				  inflows to East Matagorda Bay should be pursued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter D - COLORADO AND LAVACA RIVERS, AND MATAGORDA AND LAVACA BAYS › Section 298.315 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is March 1, 2011. The priority date
					 for the environmental flow standards will be used in the water availability
					 determination for a new appropriation or for an amendment to an existing water
					 right that increases the amount of water authorized to be stored, taken, or
					 diverted, and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter D - COLORADO AND LAVACA RIVERS, AND MATAGORDA AND LAVACA BAYS › Section 298.330 - Environmental Flow Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  water right application in the Colorado River Basin which increases the amount
				  of water authorized to be stored, taken or diverted as described in §
										298.10
				  of this title (relating to Applicability) shall not cause or contribute to an
				  impairment of the inflow regimes as described in the figure in this subsection.
				  Impairment of the inflow regime shall be evaluated as part of the water
				  availability determination for a new water right or amendment that is subject
				  to this subchapter. For purposes of this subsection, impairment would occur if
				  the application, when considered in combination with any authorizations subject
				  to this subchapter, which were issued prior to this application, would:
(1) decrease the annual average freshwater
				  inflow, at the most downstream point in the Colorado River Basin, below 60% of
				  the long-term annual strategy quantity listed in Figure: 30 TAC §
				  298.330(a)(2);
(2) decrease the
				  modeled annual frequency of any inflow regime; or,
Attached
					 Graphic
(3)
				  decrease the monthly inflow quantity to Matagorda Bay below 15,000 acre-feet
				  per month.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter D - COLORADO AND LAVACA RIVERS, AND MATAGORDA AND LAVACA BAYS › Section 298.340 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The environmental flow standards or environmental flow
					 set-asides adopted in this subchapter for the Colorado and Lavaca River Basins,
					 the Colorado-Lavaca and Lavaca-Guadalupe Coastal Basins, and Matagorda and
					 Lavaca Bays may be revised by the commission through the rulemaking process.
					 The final revised rules shall be effective no sooner than ten years from the
					 effective date of this rule, unless the Colorado and Lavaca Basin and Bay Area
					 Stakeholder Committee submits a work plan approved by the Environmental Flows
					 Advisory Group under Texas Water Code, §
										11.02362(p),
					 that provides for a periodic review to occur more frequently. The rulemaking
					 process shall include participation by a balanced representation of
					 stakeholders having interests in the Colorado and Lavaca River Basins, the
					 Colorado-Lavaca and Lavaca-Guadalupe Coastal Basins, and Matagorda and Lavaca
					 Bays.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.350 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Guadalupe, San Antonio, Mission, and Aransas Rivers, their associated
					 tributaries, and Mission, Copano, Aransas, and San Antonio Bays. The provisions
					 of this subchapter control over any provisions of Subchapter A of this chapter
					 (relating to General Provisions) that are inconsistent with this subchapter
					 relating to environmental flow standards and regulation in the Guadalupe, San
					 Antonio, Mission, and Aransas Rivers, their associated tributaries, and
					 Mission, Copano, Aransas, and San Antonio Bays.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.355 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings
					 in this subchapter unless the context clearly indicates otherwise:
(1) Average condition--for all measurement
				  points for which a hydrologic condition is applicable, the hydrologic condition
				  that would occur approximately 50% of the time and that is intended to
				  represent periods that are neither dry nor wet.
(2) Dry condition--for all measurement points
				  for which a hydrologic condition is applicable, the hydrologic condition that
				  would occur approximately 25% of the time and that is intended to represent the
				  driest periods.
(3) Fall--the
				  period of time October through December, inclusive.
(4) Inflow regime level--a freshwater inflow
				  pattern, at the most downstream point in the Guadalupe and San Antonio River
				  Basins for San Antonio Bay, or at the most downstream points in the San
				  Antonio-Nueces Coastal Basin for the Mission-Aransas Estuary, that includes
				  quantities and frequencies.
(5)
				  Modeled permitting frequency--the frequencies at which specific volumes of
				  freshwater inflows occur in the commission's water availability models for the
				  river basins included in this subchapter.
(6) Spring--for the measurement points listed
				  in §
										298.330(c)
				  of this title (relating to Environmental Flow Standards), the period of time
				  April through June, inclusive.
(7)
				  Sound ecological environment--maintains, to some reasonable level, the
				  physical, chemical, and biological attributes and processes of the natural
				  system.
(8) Strategy target
				  frequency--the frequencies at which specific volumes of freshwater inflows
				  occur, and which are used for the sole purpose of providing additional
				  freshwater inflows to the bays and estuaries included in this subchapter
				  through voluntary strategies.
(9)
				  Summer--for the measurement points listed in §
										298.330(c)
				  of this title (relating to Environmental Flow Standards), the period of time
				  July through September, inclusive.
(10) Time period--for certain measurement
				  points in the San Antonio River Basin, the period of time specifically listed
				  in the column labeled "time-period" in Figures: 30 TAC §
										298.380(c)(12)(B),
				  (13)(B), (14)(B), and (15)(B) of this title (relating to Environmental Flow
				  Standards).
(11) Wet condition--for
				  all measurement points for which a hydrologic condition is applicable, the
				  hydrologic condition that would occur approximately 25% of the time and that is
				  intended to represent the wettest period.
(12) Winter--the period of time January
				  through March, inclusive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.360 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Guadalupe,
				  San Antonio, Mission, and Aransas Rivers, their associated tributaries,
				  Mission, Copano, Aransas, and San Antonio Bays, and the associated estuaries
				  are substantially sound ecological environments.
(b) For the Guadalupe, San Antonio, Mission,
				  and Aransas Rivers, and their associated tributaries, the commission finds that
				  these sound ecological environments can best be maintained by a set of flow
				  standards that implement a schedule of flow quantities that contain subsistence
				  flow, base flow, and high flow pulses at defined measurement points. Minimum
				  flow levels for these components will vary by season and by year since the
				  amount of precipitation and, therefore, whether a system is in subsistence or
				  base flow conditions, will vary from year to year and within a year from season
				  to season, and the number of pulses protected will also vary with the amount of
				  precipitation.
(c) For Mission,
				  Copano, Aransas, and San Antonio Bays, the commission finds that the sound
				  ecological environment of these bays can best be maintained by a set of
				  freshwater inflow standards that include variable freshwater inflow quantities
				  and that incorporate inflow and frequency targets at which specific levels of
				  freshwater inflow occur, which are used for the sole purpose of providing
				  additional freshwater inflows to Mission, Copano, Aransas, and San Antonio Bays
				  through voluntary strategies.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.365 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is March 1, 2011. The priority date
					 for the environmental flow standards will be used in the water availability
					 determination for a new appropriation or for an amendment to an existing water
					 right that increases the amount of water authorized to be stored, taken, or
					 diverted and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.370 - Calculation of Hydrologic Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For new water right authorizations in the San Antonio River Basin and the San
				  Antonio-Nueces Coastal Basin which increase the amount of water authorized to
				  be stored, taken, or diverted as described in §
										298.10
				  of this title (relating to Applicability), the determination of the hydrologic
				  condition for a particular season shall be determined once per season. The
				  conditions present on the last day of the month of the preceding season will
				  determine the hydrologic condition for the following season for the applicable
				  measurement point. For each measurement point specified in the applicable river
				  or coastal basin, cumulative streamflow for the previous 12 months will
				  determine the hydrologic condition.
(b) For purposes of permit special conditions
				  related to hydrologic conditions, for water right applications in the San
				  Antonio River Basin and the San Antonio-Nueces Coastal Basin, which increase
				  the amount of water to be stored, taken, or diverted, the hydrologic condition
				  shall be calculated using the full period of record for the United States
				  Geological Survey (USGS) gage at each measurement point such that dry
				  conditions occur approximately 25% of the time, average conditions occur
				  approximately 50% of the time, and wet conditions occur approximately 25% of
				  the time.
(c) For purposes of water
				  availability determinations, for water right permit applications in the San
				  Antonio River Basin and the San Antonio-Nueces Coastal Basin, which increase
				  the amount of water to be stored, taken, or diverted, hydrologic conditions
				  used in the commission's water availability models shall be calculated such
				  that dry conditions occur approximately 25% of the time, average conditions
				  occur approximately 50% of the time, and wet conditions occur approximately 25%
				  of the time, based on the period of record and simulated flows of the
				  applicable water availability model.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.385 - Water Right Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For water right permits with an authorization to store or divert water in the
				  Guadalupe and San Antonio River Basins and the San Antonio-Nueces Coastal
				  Basin, 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 Guadalupe and San Antonio River Basins and
				  the San Antonio-Nueces 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 §
										298.380(c)
				  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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter E - GUADALUPE, SAN ANTONIO, MISSION, AND ARANSAS RIVERS, AND MISSION, COPANO, ARANSAS, AND SAN ANTONIO BAYS › Section 298.390 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The environmental flow standards or environmental flow
					 set-asides adopted in this subchapter for the Guadalupe, San Antonio, Mission,
					 and Aransas Rivers, their associated tributaries, Mission, Copano, Aransas, and
					 San Antonio Bays, and the associated estuaries may be revised by the commission
					 through the rulemaking process. The final revised rules shall be effective no
					 sooner than ten years from the effective date of this rule, unless the
					 Guadalupe, San Antonio, Mission, and Aransas Basin and Bay Area Stakeholder
					 Committee submits a work plan approved by the advisory group under Texas Water
					 Code, §
										11.02362(p),
					 that provides for a periodic review to occur more frequently. The rulemaking
					 process shall include participation by a balanced representation of
					 stakeholders having interests in the Guadalupe, San Antonio, Mission, and
					 Aransas Rivers, their associated tributaries, Mission, Copano, Aransas, and San
					 Antonio Bays.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.400 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Nueces River, its associated tributaries, the Nueces-Rio Grande Coastal
					 Basin, and Corpus Christi and Baffin Bays. This subchapter does not affect an
					 appropriation of or an authorization to store, take, or divert water under a
					 permit or amendment to a water right issued before September 1, 2007. The
					 provisions of this subchapter will prevail over any provisions of Subchapter A
					 of this chapter (relating to General Provisions) that are inconsistent with
					 this subchapter relating to environmental flow standards and regulation in the
					 Nueces River, its associated tributaries, the Nueces-Rio Grande Coastal Basin,
					 and Corpus Christi and Baffin Bays.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.405 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings
					 in this subchapter unless the context clearly indicates otherwise:
(1) Fall--for the measurement points listed
				  in §298.430(c)(3) - (5), (9), and (12) - (19) of this title (relating to
				  Environmental Flow Standards), the period of time September through October,
				  inclusive and for all other measurement points, the period of time October
				  through November, inclusive.
(2)
				  Inflow regime--a freshwater inflow pattern, at the most downstream point on the
				  Nueces River where the river enters the Nueces Bay and Delta, that includes
				  quantities and frequencies that vary throughout the year.
(3) Modeled permitting frequency--the
				  frequencies at which specific volumes of freshwater inflows occur in the
				  commission's water availability models for the Nueces river basin at the time
				  the first water right application subject to this subchapter is
				  processed.
(4) Nueces Bay--a
				  secondary bay of Corpus Christi Bay.
(5) Nueces Delta-- a complex array of
				  channels, pools, marshes, and tidal flats in the upper end of Nueces Bay that
				  lies generally to the north of the Nueces River and includes area receiving
				  inflows from the Rincon Bayou and overflow channels from the river.
(6) Spring--the period of time April through
				  June, inclusive.
(7) Sound
				  ecological environment--maintains, to some reasonable level, the physical,
				  chemical, and biological attributes and processes of the natural
				  system.
(8) Summer-- for the
				  measurement points listed in §298.430(c)(3) - (5), (9), and (12) - (19) of
				  this title (relating to Environmental Flow Standards), the period of time July
				  through August, inclusive and for all other measurement points, the period of
				  time July through September, inclusive.
(9) Target frequency--the frequency at which
				  specific target volumes of freshwater inflows occur, and which are used for the
				  sole purpose of providing additional freshwater inflows to Nueces Bay and
				  Nueces Delta through voluntary strategies.
(10) Target Volume--volumes of freshwater
				  inflows specified in §
										298.430(a)(3)
				  of this title (relating to Environmental Flow Standards) which are used for
				  water rights permitting and to establish targets for the purpose of providing
				  additional freshwater inflows to Nueces Bay and Delta through voluntary
				  strategies.
(11) Winter--for the
				  measurement points listed in §298.430(c)(3) - (5), (9), and (12) - (19) of
				  this title (relating to Environmental Flow Standards), the period of time
				  November through March, inclusive and for all other measurement points, the
				  period of time December through March, inclusive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.410 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Nueces
				  River and its associated tributaries, tributaries in the Nueces Rio Grande
				  Coastal Basin, and Corpus Christi and Baffin Bays are substantially sound
				  ecological environments.
(b) For
				  the Nueces River and its associated tributaries, and tributaries in the
				  Nueces-Rio Grande Coastal Basin, the commission finds that these sound
				  ecological environments can best be maintained by a set of flow standards that
				  implement a schedule of flow quantities that contain subsistence flow, base
				  flow, and high flow pulses at defined measurement points. Minimum flow levels
				  for these components will vary by season and by year since the amount of
				  precipitation and, therefore, whether a system is in subsistence or base flow
				  conditions, will vary from year to year and within a year from season to
				  season, and the number of pulses protected will also vary with the amount of
				  precipitation.
(c) For Nueces Bay
				  and Nueces Delta, the commission finds that the freshwater inflow standards in
				  this subchapter are appropriate environmental flow standards that are adequate
				  to support a sound ecological environment to the maximum extent reasonable
				  considering other public interests and other relevant factors. The existing
				  ecological condition of Nueces Bay and Nueces Delta may be improved, but will
				  not be diminished, by the freshwater inflow standards in this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.415 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is October 28, 2011. The priority
					 date for the environmental flow standards will be used in the water
					 availability determination for a new appropriation or for an amendment to an
					 existing water right that increases the amount of water authorized to be
					 stored, taken, or diverted and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.430 - Environmental Flow Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  water right application in the Nueces River Basin, which increases the amount
				  of water authorized to be stored, taken, or diverted as described in §
										298.10
				  of this title (relating to Applicability), shall not cause or contribute to an
				  impairment of the inflow regimes as described in the figure in this subsection.
				  Impairment of the inflow regime shall be evaluated as part of the water
				  availability determination for a new water right or amendment that is subject
				  to this subchapter. For purposes of this subsection, impairment would occur if
				  the application, when considered in combination with any authorizations subject
				  to this subchapter, which were issued prior to this application, would impair
				  the modeled permitting frequency of any inflow regime by more than the values
				  set out in paragraph (3)(A) - (C) of this subsection.
(1) Impairment to the modeled permitting
				  frequency shall be calculated individually for each inflow regime level in the
				  figure located in paragraph (3) of this subsection for which a specific
				  frequency is identified, at the point in the water availability model which
				  represents inflows to Nueces Bay and Nueces Delta.
(2) Impairment is calculated by subtraction
				  of the values set out in paragraph (3)(A) - (C) of this subsection.
(3) Bay and Estuary Freshwater Inflow
				  Standards for Nueces Bay and Nueces Delta.
Attached
					 Graphic
(A) The modeled
				  permitting frequencies for the target volumes for Level 1, as described in the
				  figure located in paragraph (3) of this subsection, and calculated as a
				  percentage of total months or years, as applicable, shall not be decreased by
				  more than 50%.
(B) The modeled
				  permitting frequencies for the target volumes for Level 2, as described in the
				  figure located in paragraph (3) of this subsection, and calculated as a
				  percentage of total months or years, as applicable, shall not be decreased by
				  more than 25%.
(C) The modeled
				  permitting frequencies for the target volumes for Level 3, as described in the
				  figure located in paragraph (3) of this subsection, and calculated as a
				  percentage of total months or years, as applicable, shall not be decreased by
				  more than 10%.
(D) Each season and
				  year is independent of the preceding and subsequent seasons and years with
				  respect to the calculation of the Target Volume, as described in the figure
				  located in paragraph (3) of this subsection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.435 - Water Right Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For water right permits with an authorization to store or divert water in the
				  Nueces River Basin and the Nueces-Rio Grande Coastal Basin, 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 Nueces River Basin and the Nueces-Rio
				  Grande 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 §
										298.430(c)
				  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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter F - NUECES RIVER AND CORPUS CHRISTI AND BAFFIN BAYS › Section 298.440 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The environmental flow standards or environmental flow
					 set-asides adopted in this subchapter for the Nueces River Basin and the
					 Nueces-Rio Grande Coastal Basin, their associated tributaries, Corpus Christi
					 and Baffin Bays may be revised by the commission through the rulemaking
					 process. The final revised rules shall be effective no sooner than ten years
					 from the effective date of this rule, unless the Nueces River and Corpus
					 Christi and Baffin Bay Area Stakeholder Committee submits a work plan approved
					 by the advisory group under Texas Water Code, §
										11.02362(p),
					 that provides for a periodic review to occur more frequently. The rulemaking
					 process shall include participation by a balanced representation of
					 stakeholders having interests in the Nueces River Basin and the Nueces-Rio
					 Grande Coastal Basin, their associated tributaries, Corpus Christi and Baffin
					 Bays.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.450 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Brazos River and its associated bay and estuary system. The provisions
					 of this subchapter will prevail over any provisions of Subchapter A of this
					 chapter (relating to General Provisions) that are inconsistent with this
					 subchapter relating to environmental flow standards and regulation in the
					 Brazos River Basin and the Brazos-Colorado Coastal Basin.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.455 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings
					 in this subchapter unless the context clearly indicates otherwise:
(1) Average condition--for all measurement
				  points, the hydrologic condition that would occur approximately 50% of the
				  time.
(2) Climatic division--a
				  geographic area defined by the National Weather Service.
(3) Dry condition--for all measurement
				  points, the hydrologic condition that would occur approximately 25% of the time
				  and that is intended to represent the driest periods.
(4) Lower Basin--the geographic area of the
				  Brazos River Basin which includes all watersheds below Lake Whitney Dam, and
				  the San Bernard River and coastal watersheds, and which is defined for the
				  purpose of calculating hydrologic conditions as described in §
										298.470
				  of this title (relating to Calculation of Hydrologic Conditions).
(5) Middle Basin--the geographic area of the
				  Brazos River Basin which includes all watersheds draining into the Brazos River
				  and its tributaries downstream of Possum Kingdom Dam and upstream of Lake
				  Whitney Dam, and which is defined for the purpose of calculating hydrologic
				  conditions as described in §
										298.470
				  of this title (relating to Calculation of Hydrologic Conditions).
(6) PHDI--the Palmer Hydrological Drought
				  Index, based on a scale from -6.0 to 6.0, and representing the severity of
				  moisture conditions from extremely dry to extremely wet.
(7) PHDI Index--a regional PHDI, calculated
				  for the Lower Basin, Middle Basin, and Upper Basin, based on ranked values for
				  a period of record from 1895 through 2010, and which is defined for the purpose
				  of calculating hydrologic conditions as described in §
										298.470
				  of this title (relating to Calculation of Hydrologic Conditions).
(8) Spring--the period of time March through
				  June, inclusive.
(9) Sound
				  ecological environment--characterized by fish, macroinvertebrate, and riparian
				  vegetation species assemblages that remain relatively intact compared to
				  historical records.
(10)
				  Summer--the period of time July through October, inclusive.
(11) Upper Basin--the geographic area of the
				  Brazos River Basin which includes all watersheds upstream of and draining into
				  Possum Kingdom Lake, and which is defined for the purpose of calculating
				  hydrologic conditions as described in §
										298.470
				  of this title (relating to Calculation of Hydrologic Conditions).
(12) Wet condition--for all measurement
				  points, the hydrologic condition that would occur approximately 25% of the time
				  and that is intended to represent the wettest conditions.
(13) Winter--for all measurement points, the
				  period of time November through February, inclusive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.460 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Brazos
				  River and its associated tributaries and bay and estuary system and the San
				  Bernard River and its associated tributaries are healthy and sound ecological
				  environments.
(b) The commission
				  finds that these sound ecological environments can best be maintained by a set
				  of flow standards that implement a schedule of flow quantities that contain
				  subsistence flow, base flow, and high flow pulses at defined measurement
				  points. Minimum flow levels for these components will vary by season and by
				  year since the amount of precipitation and, therefore, whether a system is in
				  dry, average, or wet base flow conditions, will vary from year to year and
				  within a year from season to season, and the number of pulses protected will
				  also vary with the amount of precipitation and hydrologic conditions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.465 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is March 1, 2012. The priority date
					 for the environmental flow standards will be used in the water availability
					 determination for a new appropriation or for an amendment to an existing water
					 right that increases the amount of water authorized to be stored, taken, or
					 diverted, and has no other purpose.