(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).
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