| (a) A water right application in the Guadalupe and
San Antonio River Basins and the San Antonio-Nueces Coastal 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 figures 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 impair the modeled permitting frequency
of any inflow regime by more than the values set out in paragraphs
(3)(A) - (C) and (4)(A) - (C) of this subsection.
(1) Impairment to the modeled permitting frequency
shall be calculated individually for each inflow regime level in Figure:
30 TAC §298.380(a)(3) and Figure: 30 TAC §298.380(a)(4)
for which a specific frequency is identified at the most downstream
point in the water availability model, which represents inflows to
San Antonio Bay.
(2) Impairment is calculated by addition or subtraction
of the values set out in paragraphs (3)(A) - (C) and (4)(A) - (C)
of this subsection, except that impairment of inflow regime Spring
4 and Spring 5 combined shall be calculated as set out in paragraph
(3)(C) of this subsection.
(3) Bay and Estuary Freshwater Inflow Standards for
the San Antonio Bay System for the Spring Season.
Attached Graphic
(A) The modeled permitting frequencies for inflow regimes
Spring 1, Spring 2, and Spring 2 and Spring 3 combined, as described
in Figure: 30 TAC §298.380(a)(3), and calculated as a percentage
of total years, shall not be decreased by more than 5%.
(B) The modeled permitting frequencies for the inflow
regime Spring 6, as described by Figure: 30 TAC §298.380(a)(3),
and calculated as a percentage of total years, shall not be increased
by more than 8%.
(C) The modeled permitting frequency for inflow regime
Spring 4 and Spring 5 combined, as described in Figure: 30 TAC §298.380(a)(3),
and calculated as a percentage of Spring 5 years to the total combined
years, shall not be increased to more than 67% of the total years.
(4) Bay and Estuary Freshwater Inflow Standards for
the San Antonio Bay System for the Summer Season.
Attached Graphic
(A) The modeled permitting frequencies for inflow regimes
Summer 1, Summer 2, and Summer 1 and Summer 2 combined, as described
in Figure: 30 TAC §298.380(a)(4), and calculated as a percentage
of total years, shall not be decreased by more than 5%.
(B) The modeled permitting frequencies for the inflow
regime Summer 7, as described by Figure: 30 TAC §298.380(a)(4),
and calculated as a percentage of total years, shall not be increased
by more than 8%.
(C) The modeled permitting frequency for inflow regime
Summer 4 and Summer 5 combined, as described in Figure: 30 TAC §298.380(a)(4),
and calculated as a percentage of Summer 5 years to total combined
years, shall not be increased to more than 10%.
(5) Bay and Estuary Freshwater Inflow Standards for
Mission and Aransas Bays for the Summer Season.
Attached Graphic
(b) To the extent that strategies are implemented through
a water rights permit or amendment to help meet the freshwater inflow
standards for San Antonio, Mission, Aransas, and Copano Bays, a water
right application in the Guadalupe and San Antonio River Basins and
the San Antonio-Nueces 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 permitting frequency for
any inflow regime level, listed in Figure: 30 TAC §298.380(a)(1),
Figure: 30 TAC §298.380(a)(2), and Figure: 30 TAC §298.380(a)(3),
below the level that would occur with the permitted strategy or strategies
in place.
(c) The following environmental flow standards are
established for the following described measurement points:
(1) Guadalupe River at Comfort, Texas, generally described
as United States Geological Survey (USGS) gage 08167000, and more
particularly described as Latitude 29 degrees, 57 minutes, 86 seconds;
Longitude 98 degrees, 53 minutes, 49.80 seconds.
Attached Graphic
(2) Guadalupe River near Spring Branch, Texas, generally
described as USGS gage 08167500, and more particularly described as
Latitude 29 degrees, 51 minutes, 37 seconds; Longitude 98 degrees,
23 minutes, 00 seconds.
Attached Graphic
(3) Blanco River at Wimberley, Texas, generally described
as USGS gage 08171000, and more particularly described as Latitude
29 degrees, 59 minutes, 39 seconds; Longitude 98 degrees, 05 minutes,
19 seconds.
Attached Graphic
(4) San Marcos River at Luling, Texas, generally described
as USGS gage 08172000, and more particularly described as Latitude
29 degrees, 39 minutes, 58 seconds; Longitude 97 degrees, 39 minutes,
02 seconds.
Attached Graphic
(5) Plum Creek near Luling, Texas generally described
as USGS gage 08173000, and more particularly described as Latitude
29 degrees, 41 minutes, 58 seconds; Longitude 97 degrees, 36 minutes,
12 seconds.
Attached Graphic
(6) Guadalupe River at Gonzales, Texas, generally described
as USGS gage 08173900, and more particularly described as Latitude
29 degrees, 29 minutes, 03 seconds; Longitude 97 degrees, 27 minutes,
00 seconds.
Attached Graphic
(7) Sandies Creek near Westhoff, Texas, generally described
as USGS gage 08175000, and more particularly described as Latitude
29 degrees, 12 minutes, 54 seconds; Longitude 97 degrees, 26 minutes,
57 seconds.
Attached Graphic
(8) Guadalupe River at Cuero, Texas, generally described
as USGS gage 08175800, and more particularly described as Latitude
29 degrees, 05 minutes, 25 seconds; Longitude 97 degrees, 19 minutes,
46 seconds.
Attached Graphic
(9) Guadalupe River at Victoria, Texas, generally described
as USGS gage 08176500, and more particularly described as Latitude
28 degrees, 47 minutes, 34 seconds; Longitude 97 degrees, 00 minutes,
46 seconds.
Attached Graphic
(10) Medina River at Bandera, Texas, generally described
as USGS gage 08178880, and more particularly described as Latitude
29 degrees, 43 minutes, 25 seconds; Longitude 99 degrees, 04 minutes,
11 seconds.
Attached Graphic
(11) Medina River at San Antonio, Texas, generally
described as USGS gage 08181500, and more particularly described as
Latitude 29 degrees, 15 minutes, 50 seconds; Longitude 98 degrees,
29 minutes, 26 seconds.
Attached Graphic
(12) San Antonio River near Elmendorf, Texas, generally
described as USGS gage 08181800, and more particularly described as
Latitude 29 degrees, 13 minutes, 19 seconds; Longitude 98 degrees,
21 minutes, 20 seconds.
(A) United States Geological Survey Gage 08181800,
San Antonio River near Elmendorf: Subsistence Flows, Base Flows, and
Small Seasonal Pulses.
Attached Graphic
(B) United States Geological Survey Gage 08181800,
San Antonio River near Elmendorf: Large Pulses.
Attached Graphic
(13) San Antonio River near Falls City, Texas, generally
described as USGS gage 08183500, and more particularly described as
Latitude 28 degrees, 57 minutes, 05 seconds; Longitude 98 degrees,
03 minutes, 50 seconds.
(A) United States Geological Survey Gage 08183500,
San Antonio River near Falls City: Subsistence Flows, Base Flows,
and Small Seasonal Pulses.
Attached Graphic
(B) United States Geological Survey Gage 08183500,
San Antonio River near Falls City: Large Pulses.
Attached Graphic
(14) Cibolo Creek near Falls City, Texas, generally
described as USGS gage 08186000, and more particularly described as
Latitude 29 degrees, 00 minutes, 50 seconds; Longitude 97 degrees,
55 minutes, 48 seconds.
(A) United States Geological Survey Gage 08186000,
Cibolo Creek near Falls City: Subsistence Flows, Base Flows, and Small
Seasonal Pulses.
Attached Graphic
Cont'd... |
