(a) For water right permits with an authorization to
store or divert water from the Brazos River and its associated tributaries,
and from the Brazos-Colorado Coastal Basin, 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.
(b) For water right permits with an authorization to
divert water in the Brazos River Basin and the Brazos-Colorado 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 §298.480 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.
(c) For water right permit applications that request
only to increase authorized storage by up to 15%, in the Palo Pinto
Creek watershed, 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 any otherwise applicable high flow pulses.
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