1. (a) Except as otherwise provided by this chapter, the commission shall grant an application for a water right only if:

   1. (1) the application conforms to the requirements prescribed by Chapter 295 of this title (relating to Water Rights, Procedural) and is accompanied by the prescribed fee;
   2. (2) unappropriated water is available in the source of supply;

   3. (3) the proposed appropriation:

      1. (A) is intended for a beneficial use;
      2. (B) does not impair existing water rights or vested riparian rights;
      3. (C) is not detrimental to the public welfare;
      4. (D) considers the effects of any hydrological connection between surface water and groundwater; and
      5. (E) addresses a water supply need in a manner that is consistent with the state water plan and an approved regional water plan for any area in which the proposed appropriation is located, unless the commission determines that new, changed, or unaccounted for conditions warrant waiver of this requirement; and
   4. (4) the applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by §297.1 of this title (relating to Definitions).
2. (b) Beginning September 1, 2001, the commission will not issue a water right for municipal purposes in a region that does not have an approved regional water plan in accordance with Texas Water Code §16.053(i) unless the commission determines that new, changed, or unaccounted for conditions warrant the waiver of this requirement.

Source Note:The provisions of this §297.41 adopted to be effective February 24, 1999, 24 TexReg 1162.