Section 297.56 - Instream Uses(a) In its consideration of an application for a new or amended water right to store, take, or divert water, the commission shall consider the effects, if any, of the granting of the application on existing instream uses of the stream or river to which the application applies. In its determination of flows necessary to maintain recreational and navigational flows, the commission shall consider, but not be limited to, the designation of major waterways by the Texas Parks and Wildlife Department in its publication entitled "An Analysis of Texas Waterways" (1979), and as revised, and the definition of "navigable" stream provided by Texas Natural Resources Code § 21.001(3). Additionally, flows necessary to protect a federally listed species under the Endangered Species Act or other species that are considered to be of "high interest" (such as state listed endangered and threatened species, self- sustaining wild populations that are endemic to the affected stream or have significant scientific or commercial value) shall also be protected.(b) The assessment of and 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 § 297.56
The provisions of this §297.56 adopted to be effective February 24, 1999, 24 TexReg 1162