(a) For water right permits with an authorization to store or divert more than 10,000 acre-feet per year in the Sabine and Neches river basins and to which the environmental flow standards apply, that are issued after the effective date of this subchapter, the water right permit or amendment shall contain flow restriction special conditions that are adequate to protect the environmental flow standards of this subchapter.
(b) For water right permits with an authorization to store or divert 10,000 acre-feet or less per year in the Sabine and Neches river basins and to which the environmental flow standards apply, that are issued after the effective date of this subchapter, the water right permit or amendment shall contain flow restriction special conditions that are adequate to protect the environmental flow standards of this subchapter; however, no special conditions are necessary to preserve or pass high flow pulses.

Source Note: The provisions of this §298.285 adopted to be effective May 15, 2011, 36 TexReg 2908