| (a) For water right permits with an authorization to
store or divert water from the Colorado River above Lake Travis, tributaries
of the Colorado River, the Lavaca River Basin, and the Colorado-Lavaca
and Lavaca-Guadalupe Coastal Basins, except for water right permits
located below Lake Travis on the Colorado River, 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 at a rate greater than 500 cubic feet per second (cfs) or to
store more than 2,500 acre-feet in an on-channel reservoir, on the
Colorado River below Lake Travis, 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 all pulse
flow requirements up to the one year pulse flow requirement except
as specified in subsections (c) and (d) of this section.
(c) For water right permits with an authorization to
divert at a rate greater than 800 cfs or to store more than 2,500
acre-feet in an on-channel reservoir, on the Colorado River below
Lake Travis, 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 prevent impairment of the one per 18-month pulse
flow requirement. Impairment of the one per 18 month pulse flow requirement
would occur if the permit, in combination with other permits subject
to this subchapter, that are issued after the effective date of this
subchapter, would reduce the frequency of occurrence or the average
volume of the one per 18-month pulse by more than 10% based on the
period of record of the water availability model in effect at the
time the first permit subject to this subchapter is considered.
(d) For water right permits with an authorization to
divert at a rate greater than 2,700 cfs or to store more than 2,500
acre-feet in an on-channel reservoir, on the Colorado River below
Lake Travis, 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 one per two-year pulse flow requirement.
(e) For water right permits with an authorization to
divert at a rate less than 500 cfs or to store less than 2,500 acre-feet
in an on-channel reservoir, on the Colorado River below Lake Travis,
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 high
flow pulses.
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