Section 297.47 - Impacts on Groundwater(a) In its review and action on an application for a new or amended water right, the commission shall consider the hydrological connection between surface and groundwater and the effects, if any, from the granting of the application on groundwater use, quality, or recharge. In its assessment, the commission shall consider whether the proposed diversion is from a stream that provides significant recharge to a "sole source" aquifer as designated under the federal Safe Drinking Water Act, an aquifer for which there is a certified groundwater management plan under Texas Water Code Chapter 36, or an aquifer that is located within all or part of a priority groundwater management area designated under Texas Water Code Chapter 35.(b) If the commission determines that the granting of an application for a new or amended water right would significantly impair existing uses of groundwater, groundwater quality, or springflow upon which existing surface rights, water quality, aquatic and wildlife habitat, or bays and estuaries depend, the commission may deny the application or place restrictions and limitations in the water right necessary to prevent or mitigate such impacts.(c) In determining the extent of the protection to be provided in a proposed new or amended water right to existing downstream water rights or environmental water needs, the commission may take into consideration instream losses because of recharge occurring in the bed of the stream downstream of the proposed diversion.30 Tex. Admin. Code § 297.47
The provisions of this §297.47 adopted to be effective February 24, 1999, 24 TexReg 1162