In its consideration of an application for a permit to store, take, or divert water in excess of 5,000 acre feet per year, the commission shall assess the effects, if any, on the issuance of the permit on fish and wildlife habitats and may require the applicant to take reasonable actions to mitigate adverse impacts 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 against any mitigation required by the U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts 320-330 any mitigation authorized by this section.
Tex. Water Code § 11.152
ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND WILDLIFE HABITATS
Applied in 2 court decisions — leading case Lake Medina Conservation Society, Inc./Bexar-Medina-Atascosa Counties WCID No. 1 v. Texas Natural Resource Conservation Commission (1998)
Most recently applied in lamcos/bma v. Texas Nat. Res. Conservation Com'n (October 1998)
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.001, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.