(a) Except as otherwise provided by this chapter, the commission shall grant an application for a water right only if:      
        (1) the application conforms to the requirements prescribed by Chapter 295 of this title (relating to Water Rights, Procedural) 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 Texas Water Code (TWC), §11.1471 and, if applicable, the assessments performed under TWC, §§11.147(d) and (e), and 11.150 - 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 new, changed, or unaccounted for conditions warrant waiver of this requirement;         
        (4) the applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by §297.1 of this title (relating to Definitions); and       
        (5) the applicant has completed and returned all Texas Water Development Board surveys of groundwater and surface water use required since September 1, 2001 under TWC, §16.012.       
      (b) Beginning January 5, 2002, the commission will not issue a water right for municipal purposes in a region that does not have an approved regional water plan in accordance with TWC, §16.053(i) unless the commission determines that new, changed, or unaccounted for conditions warrant the waiver of this requirement.     
     Source Note:        The provisions of this §297.41 adopted to be effective February 24, 1999, 24 TexReg 1162; amended to be effective September 13, 2000, 25 TexReg 8969; amended to be effective August 15, 2002, 27 TexReg 7152; amended to be effective May 28, 2020, 45 TexReg 3452