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 298.335 - 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 from the
				  Colorado River above Lake Travis, tributaries of the Colorado River, the Lavaca
				  River Basin, and the Colorado-Lavaca and Lavaca-Guadalupe Coastal Basins,
				  except for water right permits located below Lake Travis on the Colorado River,
				  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 at a rate greater than 500 cubic feet per second (cfs)
				  or to store more than 2,500 acre-feet in an on-channel reservoir, on the
				  Colorado River below Lake Travis, 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 all pulse flow requirements up to the one year
				  pulse flow requirement except as specified in subsections (c) and (d) of this
				  section.
(c) For water right
				  permits with an authorization to divert at a rate greater than 800 cfs or to
				  store more than 2,500 acre-feet in an on-channel reservoir, on the Colorado
				  River below Lake Travis, 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 prevent impairment of the one per 18-month pulse flow requirement.
				  Impairment of the one per 18 month pulse flow requirement would occur if the
				  permit, in combination with other permits subject to this subchapter, that are
				  issued after the effective date of this subchapter, would reduce the frequency
				  of occurrence or the average volume of the one per 18-month pulse by more than
				  10% based on the period of record of the water availability model in effect at
				  the time the first permit subject to this subchapter is considered.
(d) For water right permits with an
				  authorization to divert at a rate greater than 2,700 cfs or to store more than
				  2,500 acre-feet in an on-channel reservoir, on the Colorado River below Lake
				  Travis, 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 one per two-year pulse flow requirement.
(e) For water right permits with an
				  authorization to divert at a rate less than 500 cfs or to store less than 2,500
				  acre-feet in an on-channel reservoir, on the Colorado River below Lake Travis,
				  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.