In its consideration of an application for a permit or amendment to store, take, or divert state water, the commission shall assess the effects, if any, of the issuance of the permit on fish and wildlife habitats. For an application for a permit or amendment to store, take, or divert state water in excess of 5,000 acre-feet per year, the commission may require the applicant to take reasonable actions to mitigate adverse impacts, if any, on such habitat. In determining whether to require an applicant to mitigate adverse impacts on a habitat, the commission may consider any net benefit to the habitat produced by the project. The commission shall offset any mitigation it requires by any mitigation required by the United States Fish and Wildlife Service pursuant to 33 Code of Federal Regulations §§320-330.

Source Note:The provisions of this §297.49 adopted to be effective May 29, 1986, 11 TexReg 2330.