(a) The granting of an application for a new water right or
an amended water right shall not cause an adverse impact to an existing water
right as provided by this section. An application for an amendment to a water
right requesting an increase in the appropriative amount, a change in the
point of diversion or return flow, an increase in the consumptive use of the
water based upon a comparison between the full, legal exercise of the existing
water right with the proposed amended right, an increase in the rate of diversion,
or a change from the direct diversion of water to on-channel storage shall
not be granted unless the commission determines that such amended water right
shall not cause adverse impact to the uses of other appropriators. For the
purposes of this section, adverse impact to another appropriator includes:
the possibility of depriving an appropriator of the equivalent quantity or
quality of water that was available with the full, legal exercise of the existing
water right before the change; increasing an appropriator's legal obligation
to a senior water right holder; or otherwise substantially affecting the continuation
of stream conditions as they would exist with the full, legal exercise of
the existing water right at the time of the appropriator's water right was
granted.
(b) Subject to meeting all other applicable requirements for
an application to amend an existing water right, an amendment to a water right,
except for the increase in the appropriative amount or diversion rate, shall
be approved as provided by Texas Water Code §11.122(b) if the requested
change will not cause such adverse impact on other water right holders or
the environment of the stream of greater magnitude than under circumstances
in which the water right being sought for amendment was fully exercised according
to its terms and conditions as they existed prior to the amendment.
(c) If it is determined that a proposed amendment for a change
in the diversion point may adversely affect existing water rights, the amendment,
if approved, shall be subordinate only to such affected water rights and the
amended water right shall otherwise retain its priority date.
(d) The burden of proving that no adverse impact to other water
right holders or the environment will result from the approval of the application
is on the applicant.
(e) In granting an application, the commission may direct that
stream flow restrictions, return flows, and other conditions and restrictions
be placed in the permit being issued to protect senior water rights.
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