(a) A water right application in the Colorado River
Basin which increases the amount of water authorized to be stored,
taken or diverted as described in §298.10 of this title (relating
to Applicability) shall not cause or contribute to an impairment of
the inflow regimes as described in the figure in this subsection.
Impairment of the inflow regime shall be evaluated as part of the
water availability determination for a new water right or amendment
that is subject to this subchapter. For purposes of this subsection,
impairment would occur if the application, when considered in combination
with any authorizations subject to this subchapter, which were issued
prior to this application, would:
(1) decrease the annual average freshwater inflow,
at the most downstream point in the Colorado River Basin, below 60%
of the long-term annual strategy quantity listed in Figure: 30 TAC
§298.330(a)(2);
(2) decrease the modeled annual frequency of any inflow
regime; or,
Attached Graphic
(3) decrease the monthly inflow quantity to Matagorda
Bay below 15,000 acre-feet per month.
(b) To the extent that strategies are implemented through
a water right permit or amendment to help meet the freshwater inflow
standards for Matagorda Bay, a water right application in the Colorado
River Basin which increases the amount of water authorized to be stored,
taken, or diverted as described in §298.10 of this title shall
not reduce the long-term annual strategy quantity, the modeled annual
frequency, or the monthly threshold inflow for any inflow regime level
listed in Figure: 30 TAC §298.330(a)(2) below the long term annual
strategy quantity, modeled annual frequency, or the monthly threshold
inflow that would occur in the commission's water availability model
with the permitted strategy or strategies in place.
(c) A water right application in the Lavaca River basin,
or Garcitas Creek located in the Lavaca-Guadalupe Coastal Basin, which
increases the amount of water authorized to be stored, taken or diverted
as described in §298.10 of this title, shall not cause or contribute
to an impairment of the inflow regimes as described in the figure
in this subsection. Impairment of the inflow regime shall be evaluated
as part of the water availability determination for a new water right
or amendment that is subject to this subchapter. For purposes of this
subsection, impairment would occur if the application, when considered
in combination with any prior authorizations subject to this subchapter,
would decrease the modeled annual frequency of any inflow regime level.
Attached Graphic
(d) To the extent that strategies are implemented through
a water right permit or amendment to help meet the freshwater inflow
standards for Lavaca Bay, a water right application in the Lavaca
River Basin, or on Garcitas Creek in the Lavaca-Guadalupe Coastal
Basin, which increases the amount of water authorized to be stored,
taken, or diverted as described in §298.10 of this title, shall
not reduce the modeled annual frequency in the commission's water
availability model for any inflow regime level described in Figure:
30 TAC §298.330(c) below the frequency that would occur with
the permitted strategy or strategies in place.
(e) The following environmental flow standards are
established for the following described measurement points:
(1) Colorado River above Silver, Texas, generally described
as United States Geological Survey (USGS) gage 08123850, and more
specifically described as Latitude 32 degrees, 03 minutes, 13 seconds;
Longitude 100 degrees, 45 minutes, 42 seconds.
Attached Graphic
(2) Colorado River near Ballinger, Texas, generally
described as USGS gage 08126380, and more specifically described as
Latitude 31 degrees, 42 minutes, 55 seconds; Longitude 100 degrees,
01 minutes, 34 seconds.
Attached Graphic
(3) Colorado River near San Saba, Texas, generally
described as USGS gage 08147000, and more specifically described as
Latitude 31 degrees, 13 minutes, 04 seconds; Longitude 98 degrees,
33 minutes, 51 seconds.
Attached Graphic
(4) Elm Creek at Ballinger, Texas, generally described
as USGS gage 08127000, and more specifically described as Latitude
31 degrees, 44 minutes, 57 seconds; Longitude 99 degrees, 56 minutes,
51 seconds.
Attached Graphic
(5) Concho River at Paint Rock, Texas, generally described
as USGS gage 08136500, and more specifically described as Latitude
31 degrees, 30 minutes, 57 seconds; Longitude 99 degrees, 55 minutes,
09 seconds.
Attached Graphic
(6) South Concho River at Christoval, Texas, generally
described as USGS gage 08128000, and more specifically described as
Latitude 31 degrees, 11 minutes, 13 seconds; Longitude 100 degrees,
30 minutes, 06 seconds.
Attached Graphic
(7) Pecan Bayou near Mullin, Texas, generally described
as USGS gage 08143600, and more specifically described as Latitude
31 degrees, 31 minutes, 02 seconds; Longitude 98 degrees, 44 minutes,
25 seconds.
Attached Graphic
(8) San Saba River at San Saba, Texas, generally described
as USGS gage 08146000, and more specifically described as Latitude
31 degrees, 12 minutes, 47 seconds; Longitude 98 degrees, 43 minutes,
09 seconds.
Attached Graphic
(9) Llano River at Llano, Texas, generally described
as USGS gage 08151500, and more specifically described as Latitude
30 degrees, 45 minutes, 04 seconds; Longitude 98 degrees, 40 minutes,
10 seconds.
Attached Graphic
(10) Pedernales River near Johnson City, Texas, generally
described as USGS gage 08153500, and more specifically described as
Latitude 30 degrees, 17 minutes, 30 seconds; Longitude 98 degrees,
23 minutes, 57 seconds.
Attached Graphic
(11) Onion Creek near Driftwood, Texas, generally described
as USGS gage 08158700, and more specifically described as Latitude
30 degrees, 04 minutes, 58 seconds; Longitude 98 degrees, 00 minutes,
27 seconds.
Attached Graphic
(12) Colorado River at Bastrop, Texas, generally described
as USGS gage 08159200, and more specifically described as Latitude
30 degrees, 06 minutes, 16 seconds; Longitude 97 degrees, 19 minutes,
09 seconds.
(A) United States Geological Survey Gage 08159200,
Colorado River at Bastrop.
Attached Graphic
(B) United States Geological Survey Gage 08159200,
Colorado River at Bastrop.
Attached Graphic
(13) Colorado River at Columbus, Texas, generally described
as USGS gage 08161000, and more specifically described as Latitude
29 degrees, 42 minutes, 22 seconds; Longitude 96 degrees, 32 minutes,
12 seconds.
(A) United States Geological Survey Gage 08161000,
Colorado River at Columbus.
Attached Graphic
(B) United States Geological Survey Gage 08161000,
Colorado River at Columbus.
Attached Graphic
(14) Colorado River at Wharton, Texas, generally described
as USGS gage 08162000, and more specifically described as Latitude
29 degrees, 18 minutes, 32 seconds; Longitude 96 degrees, 06 minutes,
13 seconds.
(A) United States Geological Survey Gage 08162000,
Colorado River at Wharton.
Attached Graphic
(B) United States Geological Survey Gage 08162000,
Colorado River at Wharton.
Attached Graphic
(15) Lavaca River near Edna, Texas, generally described
as USGS gage 08164000, and more specifically described as Latitude
28 degrees, 57 minutes, 35 seconds; Longitude 96 degrees, 41 minutes,
10 seconds.
Attached Graphic
(16) Navidad River at Strane Park near Edna, Texas,
generally described as USGS gage 08164390, and more specifically described
as Latitude 29 degrees, 03 minutes, 55 seconds; Longitude 96 degrees,
40 minutes, 26 seconds.
Attached Graphic
(17) Sandy Creek near Ganado, Texas, generally described
as USGS gage 08164450, and more specifically described as Latitude
29 degrees, 09 minutes, 36 seconds; Longitude 96 degrees, 32 minutes,
46 seconds.
Attached Graphic
(18) East Mustang Creek near Louise, Texas, generally
described as USGS gage 08164504, and more specifically described
as Latitude 29 degrees, 04 minutes, 14 seconds; Longitude 96 degrees,
25 minutes, 01 seconds.
Attached Graphic
(19) West Mustang Creek near Ganado, Texas, generally
described as USGS gage 08164503, and more specifically described as
Latitude 29 degrees, 04 minutes, 18.69 seconds; Longitude 96 degrees,
28 minutes, 04.90 seconds.
Attached Graphic
(20) Garcitas Creek near Inez, Texas, generally described
as USGS gage 08164600, and more specifically described as Latitude
28 degrees, 53 minutes, 28 seconds; Longitude 96 degrees, 49 minutes,
08 seconds.
Attached Graphic
(21) Tres Palacios River near Midfield, Texas, generally
described as USGS gage 08162600, and more specifically described as
Latitude 28 degrees, 55 minutes, 40 seconds; Longitude 96 degrees,
10 minutes, 15 seconds.
Attached Graphic
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