The commission shall grant an application for a water right to convey treated marine seawater in the bed and banks of a watercourse only if:
  (1) the application conforms to the requirements prescribed by §295.305 of this title (relating to Requirements for an Authorization to Convey Treated Marine Seawater in Bed and Banks) and is accompanied by the prescribed fee;
  (2) the marine seawater to be conveyed is treated so as to meet standards that are at least as stringent as the water quality standards adopted by the commission and applicable to any receiving stream or impoundment through which the water is proposed to be conveyed;
  (3) the treated marine seawater conveyed will only be used by the person to whom the authorization is granted;
  (4) the estimate of the amount of treated marine seawater that will be lost to transportation, evaporation, seepage, channel or other associated carriage losses is reasonable and appropriate for the stream in which the treated marine seawater will be conveyed;
  (5) the accounting plan submitted required by §295.305(d)(7) of this title has been approved by the executive director; and
  (6) the application does not impair existing water rights or vested riparian rights.

Source Note: The provisions of this §297.210 adopted to be effective December 8, 2016, 41 TexReg 9559