| (a) In its consideration of an application for a new or amended
water right to store, take or divert water, the commission shall assess the
effects, if any, of the granting of the application on water quality of the
stream or river to which the application applies, as well as associated bays
and estuaries. Assessment of water quality impacts shall consider the maintenance
of State of Texas Surface Water Quality Standards provided by Chapter 307
of this title (relating to Texas Surface Water Quality Standards) and the
need for all existing instream flows to be passed up to that amount necessary
to maintain the water quality standards for the affected stream. Such flows
may also be used to protect uses of existing, downstream water rights by providing
water of a usable quality and to provide, in part, for the protection of vested
riparian water rights and domestic and livestock uses.
(b) The assessment of any conditions upon a proposed amendment
to a water right under this section shall be limited by §297.45(b) of
this title (relating to "No Injury" Rule) as provided by Texas Water Code
§11.122(b).
|
