1. (a) The right to use state water under any permit, certified filing, or certificate of adjudication is limited to the amount which is being or can be beneficially used for the authorized purpose but not to exceed the amount specifically appropriated.
2. (b) Only that amount of water that may be beneficially used for the authorized purpose may be diverted. Water which is taken in excess of that needed for the authorized purpose is considered surplus water, not appropriated, and must be returned to the stream of origin if reasonably practicable to do so by gravity flow.
3. (c) The right to appropriate that amount of water not beneficially used cannot be perfected and is subject to limitation, cancellation, or forfeiture as provided by law.
4. (d) A water right holder using state water shall use those measures necessary to ensure the beneficial use of water without waste in accordance with these rules and the terms and conditions of the water right and applicable law.

Source Note:The provisions of this §297.53 adopted to be effective May 3, 1993, 18 TexReg 2558.