Current through Reg. 49, No. 44; November 1, 2024
Section 297.54 - Water Quality Effects(a) In its consideration of an application for a new or amended water right to store, take or divert water, the commission shall assess the effects, if any, of the granting of the application on water quality of the stream or river to which the application applies, as well as associated bays and estuaries. Assessment of water quality impacts shall consider the maintenance of State of Texas Surface Water Quality Standards provided by Chapter 307 of this title (relating to Texas Surface Water Quality Standards) and the need for all existing instream flows to be passed up to that amount necessary to maintain the water quality standards for the affected stream. Such flows may also be used to protect uses of existing, downstream water rights by providing water of a usable quality and to provide, in part, for the protection of vested riparian water rights and domestic and livestock uses.(b) The assessment of any conditions upon a proposed amendment to a water right under this section shall be limited by § 297.45(b) of this title (relating to "No Injury" Rule) as provided by Texas Water Code § 11.122(b).30 Tex. Admin. Code § 297.54
The provisions of this §297.54 adopted to be effective February 24, 1999, 24 TexReg 1162