(a) The waters of the state are held in trust for the public, and the right to use state water may be appropriated only as expressly authorized by law.
(b) Maintaining the biological soundness of the state’s rivers, lakes, bays, and estuaries is of great importance to the public’s economic health and general well-being. The legislature encourages voluntary water and land stewardship to benefit the water in the state, as defined by § 26.001.

(c) The legislature has expressly required the commission while balancing all other public interests to consider and, to the extent practicable, provide for the freshwater inflows and instream flows necessary to maintain the viability of the state’s streams, rivers, and bay and estuary systems in the commission’s regular granting of permits for the use of state waters. As an essential part of the state’s environmental flows policy, all permit conditions relating to freshwater inflows to affected bays and estuaries and instream flow needs must be subject to temporary suspension if necessary for water to be applied to essential beneficial uses during emergencies.
(d) The legislature has not expressly authorized granting water rights exclusively for:
(1) instream flows dedicated to environmental needs or inflows to the state’s bay and estuary systems; or
(2) other similar beneficial uses.