(a) For water right permits with an authorization to
store or divert water in the Nueces River Basin and the Nueces-Rio
Grande 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 Nueces River Basin and the Nueces-Rio Grande 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 §298.430(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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