Sec. 11.134.  ACTION ON APPLICATION.  (a)  After the hearing, the commission shall make a written decision granting or denying the application.  The application may be granted or denied in whole or in part.
(b)  The commission shall grant the application only if:
(1)  the application conforms to the requirements prescribed by this chapter and is accompanied by the prescribed fee;
(2)  unappropriated water is available in the source of supply;
(3)  the proposed appropriation:
(A)  is intended for a beneficial use;
(B)  does not impair existing water rights or vested riparian rights;
(C)  is not detrimental to the public welfare;
(D)  considers any applicable environmental flow standards established under Section 11.1471 and, if applicable, the assessments performed under Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152; and
(E)  addresses a water supply need in a manner that is consistent with the state water plan and the relevant approved regional water plan for any area in which the proposed appropriation is located, unless the commission determines that conditions warrant waiver of this requirement; and
(4)  the applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by Section 11.002(8)(B).
(b-1)  In determining whether an appropriation is detrimental to the public welfare under Subsection (b)(3)(C), the commission may consider only the factors that are within the jurisdiction and expertise of the commission as established by this chapter.
(c)  Beginning January 5, 2002, the commission may not issue a water right for municipal purposes in a region that does not have an approved regional water plan in accordance with Section 16.053(i) unless the commission determines that conditions warrant waiver of this requirement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 1.09;  Acts 1997, 75th Leg., ch. 1010, Sec. 4.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1223, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 2.08, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.12, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.12, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 5, eff. September 1, 2017.