(a) Schedule of flow quantities. The environmental flow standards proposed in this subchapter constitute a schedule of flow quantities made up of subsistence flow, base flows, and high flow pulses. Environmental flow standards are established for five measurement points in §298.530 of this title (relating to Environmental Flow Standards) and this section.
(b) Subsistence flow. The applicable subsistence flow standard varies depending on the seasons as described in §298.505 of this title (relating to Definitions) and hydrologic conditions, as described in §298.520 of this title (relating to Calculation of Hydrologic Conditions). For a water right holder to which an environmental flow standard applies, at a measurement point that applies to the water right, the water right holder may not store or divert water under subsistence hydrologic conditions, unless the flow at the measurement point is above the applicable subsistence flow standard for that point. During subsistence hydrologic conditions, if the flow at the measurement point is above the subsistence flow standard but below the applicable dry condition base flow standard, then the water right holder may divert or store water according to its permit, subject to senior and superior water rights, as long as the flow at the measurement point does not fall below the applicable subsistence flow standard.
(c) Base flow. The applicable base flow standard varies depending on the seasons, as described in §298.505 of this title, and the hydrologic conditions, as described in §298.520 of this title. For a water right holder, to which an environmental flow standard applies, at a measurement point that applies to a water right, the water right holder is subject to a base flow standard for the hydrologic conditions prevailing at the time, i.e., the water right holder will be subject to one of the following: a subsistence, a dry, an average, or a wet base flow standard. For a water right holder to which an environmental flow standard applies, at a measurement point that applies to the water right, when the flow at the applicable measurement point is above the applicable base flow standard, but below any applicable high flow pulse trigger levels, the water right holder may store or divert water according to its permit, subject to senior and superior water rights, as long as the flow at the applicable measurement point does not fall below the applicable base flow standard.
(d) High flow pulses. High flow pulses are relatively short-duration, high flows within the watercourse that occur during or immediately following a storm event.
  (1) One or two pulses per season are to be passed (i.e., no storage or diversion by an applicable water right holder), if applicable, and as described in §298.530 of this title, if the flows are above the applicable subsistence or base flow standard, and if the applicable high flow pulse trigger level is met at the applicable measurement point. The water right holder shall not divert or store water except during times that streamflow at the applicable measurement point exceeds the applicable high flow pulse trigger level and until either the applicable volume amount has passed the measurement point or the applicable duration time has passed since the high flow pulse trigger level occurred. A water right holder can divert water in excess of an applicable pulse flow trigger requirement as long as its diversions do not prevent the occurrence of the pulse flow trigger level of an applicable larger pulse.
  (2) If the applicable high flow pulse flow trigger level does not occur in a season, then the water right holder need not stop storing or diverting water to produce a high flow pulse. The water right holder is not required to release water lawfully stored to produce a high flow pulse.
  (3) Each season is independent of the preceding and subsequent seasons with respect to high flow pulse frequency.
  (4) High flow pulses are independent of the hydrologic conditions set out in §298.520 of this title.
  (5) If a pulse flow requirement for an annual pulse is satisfied for a particular season or year, one of the applicable smaller pulse requirements is also considered to be satisfied in that season.
(e) Stored water. A water right owner that has stored water in accordance with the terms and conditions of its water right, including any applicable environmental flow requirement in effect at the time the water was stored, may divert, release, or use this water, even if the applicable environmental flow requirement is not met at the time of the subsequent diversion, release, or use of that stored water.

Source Note: The provisions of this §298.525 adopted to be effective March 6, 2014, 39 TexReg 1416