(a) For water right permits with an authorization to store or divert water in the Nueces River Basin and the Nueces-Rio Grande Coastal Basin, 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 divert water in the Nueces River Basin and the Nueces-Rio Grande Coastal Basin at a rate less than 20% of the pulse trigger level requirements of an applicable high flow pulse at a measurement point, as described in §298.430(c) of this title (relating to Environmental Flow Standards), 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 that applicable high flow pulse.

Source Note: The provisions of this §298.435 adopted to be effective March 6, 2014, 39 TexReg 1416