(a) The commission may not grant an appropriation for state water that has been set aside by the commission under this chapter to meet downstream instream flow needs or freshwater inflow needs. The commission may not issue a permit for a new appropriation or an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted, after the adoption of an environmental flow set-aside, if the issuance of the permit or amendment would impair an environmental flow set-aside established by this chapter.
(b) For purposes of determining any environmental flow conditions in any water right permit application to which this chapter applies that are necessary to maintain: freshwater inflows to an affected bay and estuary system; existing instream uses and water quality of a stream or river; or fish and wildlife habitats; the commission shall apply any applicable environmental flow standard, including any environmental flow set-aside, adopted in this chapter, instead of considering the factors specified in Texas Water Code, §11.147(b) - (e) and §§297.53 - 297.56 of this title (relating to Habitat Mitigation; Water Quality Effects; Estuarine Considerations; and Instream Uses, respectively).
(c) The commission will incorporate into every water right permit any condition, restriction, limitation, or provision, as provided in Chapter 297 of this title (relating to Water Rights, Substantive) that is reasonably necessary to protect environmental flow standards.

Source Note: The provisions of this §298.15 adopted to be effective May 15, 2011, 36 TexReg 2908