Anyone proposing to use the bed and banks of any flowing natural stream within this state for the purpose of conveying stored water from a place of permitted storage to a place of permitted use must first comply with the Texas Water Code, § 11.042, and the rules of the commission. An exception to the requirements of this section may be granted by the commission if an emergency condition exists and time does not permit following the procedures herein outlined. Further, the requirements of this section are not applicable if water is being released from upstream storage under order of the commission. See § 295.111 of this title (relating to Application).
30 Tex. Admin. Code § 297.91