(a) For water right permits with an authorization to
store or divert water in the Guadalupe and San Antonio River Basins
and the San Antonio-Nueces Coastal Basin, to which the environmental
flow standards apply, that are issued after the effective date of
this subchapter, the water right permit or amendment shall contain
flow restriction special conditions that are adequate to protect the
environmental flow standards of this subchapter.
(b) For water right permits with an authorization to
divert water in the Guadalupe and San Antonio River Basins and the
San Antonio-Nueces Coastal Basin at a rate less than 20% of the pulse
trigger level requirements of an applicable high flow pulse at a measurement
point, as described in §298.380(c) of this title (relating to
Environmental Flow Standards), and to which the environmental flow
standards apply, that are issued after the effective date of this
subchapter, the water right permit or amendment shall contain flow
restriction special conditions that are adequate to protect the environmental
flow standards of this subchapter; however, no special conditions
are necessary to preserve or pass that applicable high flow pulse.
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