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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 298ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER
SUBCHAPTER DCOLORADO AND LAVACA RIVERS, AND MATAGORDA AND LAVACA BAYS
RULE §298.330Environmental Flow Standards

(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,

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  (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.

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(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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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    (B) United States Geological Survey Gage 08159200, Colorado River at Bastrop.

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  (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.

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    (B) United States Geological Survey Gage 08161000, Colorado River at Columbus.

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  (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.

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    (B) United States Geological Survey Gage 08162000, Colorado River at Wharton.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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  (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.

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Source Note: The provisions of this §298.330 adopted to be effective August 30, 2012, 37 TexReg 6629

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