SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 11.001 - Vested Rights Not Affected
(a) Nothing in this code affects vested private rights to the use of water, except to the extent that provisions of Subchapter G of this...
- Texas Section 11.002 - Definitions
In this chapter and in Chapter 12 of this code: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Board" means the Texas Water...
- Texas Section 11.003 - Streams That Form Boundaries Included
This chapter applies to all streams or other sources of water supply lying upon or forming a part of the boundaries of this state. Amended...
- Texas Section 11.004 - Commission To Receive Certified Copies Of Judgments, Etc
When any court of record renders a judgment, decree, or order affecting the title to any water right, claim, appropriation, or irrigation facility or affecting...
SUBCHAPTER B RIGHTS IN STATE WATER
- Texas Section 11.005 - Applicability To Works Under Federal Reclamation Act
This chapter applies to the construction, maintenance, and operation of irrigation works constructed in this state under the federal reclamation act, as amended (43 U.S.C....
- Texas Section 11.021 - State Water
(a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of...
- Texas Section 11.022 - Acquisition Of Right To Use State Water
The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When...
- Texas Section 11.023 - Purposes For Which Water May Be Appropriated
(a) To the extent that state water has not been set aside by the commission under Section 11.1471(a)(2) to meet downstream instream flow needs or...
- Texas Section 11.0235 - Policy Regarding Waters Of The State
(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...
- Texas Section 11.0236 - Environmental Flows Advisory Group
(a) In recognition of the importance that the ecological soundness of our riverine, bay, and estuary systems and riparian lands has on the economy, health,...
- Texas Section 11.02361 - Texas Environmental Flows Science Advisory Committee
(a) The Texas environmental flows science advisory committee consists of at least five but not more than nine members appointed by the advisory group. (b)...
- Texas Section 11.02362 - Development Of Environmental Flow Regime Recommendations
(a) For the purposes of this section, the advisory group, not later than November 1, 2007, shall define the geographical extent of each river basin...
- Texas Section 11.0237 - Water Rights For Instream Flows Dedicated To Environmental Needs Or Bay And Estuary Inflows
(a) The commission may not issue a new permit for instream flows dedicated to environmental needs or bay and estuary inflows. The commission may approve...
- Texas Section 11.024 - Appropriation: Preferences
In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy...
- Texas Section 11.025 - Scope Of Appropriative Right
A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to...
- Texas Section 11.026 - Perfection Of An Appropriation
No right to appropriate water is perfected unless the water has been beneficially used for a purpose stated in the original declaration of intention to...
- Texas Section 11.027 - Rights Between Appropriators
As between appropriators, the first in time is the first in right. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff....
- Texas Section 11.0275 - Fair Market Value
Whenever the law requires the payment of fair market value for a water right, fair market value shall be determined by the amount of money...
- Texas Section 11.029 - Title To Appropriation By Limitation
When an appropriator from a source of water supply has used water under the terms of a certified filing or a permit for a period...
- Texas Section 11.030 - Forfeiture Of Appropriation
If any lawful appropriation or use of state water is wilfully abandoned during any three successive years, the right to use the water is forfeited...
- Texas Section 11.031 - Annual Report
(a) Not later than March 1 of each year, each person who has a water right issued by the commission or who impounded, diverted, or...
- Texas Section 11.032 - Records
(a) A person who owns and operates a system of waterworks used for a purpose authorized by this code shall keep a detailed record of...
- Texas Section 11.033 - Eminent Domain
The right to take water necessary for domestic and municipal supply purposes is primary and fundamental, and the right to recover from other uses water...
- Texas Section 11.034 - Reservoir Site: Land And Rights-of-way
An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area...
- Texas Section 11.035 - Condemnation Of Private Property
(a) An appropriator may obtain rights-of-way over private land and may obtain the land necessary for pumping plants, intakes, headgates, and storage reservoirs by condemnation....
- Texas Section 11.036 - Conserved Or Stored Water: Supply Contract
(a) A person, association of persons, corporation, or water improvement or irrigation district having in possession and control any storm water, floodwater, or rainwater that...
- Texas Section 11.037 - Water Suppliers: Rules And Regulations
(a) Every person, association of persons, corporation, or irrigation district conserving or supplying water for any of the purposes authorized by this chapter shall make...
- Texas Section 11.038 - Rights Of Owners Of Land Adjoining Canal, Etc
(a) A person who owns or holds a possessory interest in land adjoining or contiguous to a canal, ditch, flume, lateral, dam, reservoir, or lake...
- Texas Section 11.039 - Distribution Of Water During Shortage
(a) If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation...
- Texas Section 11.040 - Permanent Water Right
(a) A permanent water right is an easement and passes with the title to land. (b) A written instrument conveying a permanent water right may...
- Texas Section 11.041 - Denial Of Water: Complaint
(a) Any person entitled to receive or use water from any canal, ditch, flume, lateral, dam, reservoir, or lake or from any conserved or stored...
- Texas Section 11.042 - Delivering Water Down Banks And Beds
(a) Under rules prescribed by the commission, a person, association of persons, corporation, water control and improvement district, water improvement district, or irrigation district supplying...
- Texas Section 11.043 - Recordation Of Conveyance Of Irrigation Work
(a) A conveyance of a ditch, canal, or reservoir or other irrigation work or an interest in such an irrigation work must be executed and...
- Texas Section 11.044 - Roads And Highways
(a) An appropriator has the right to construct ditches, canals, or pipelines along or across all roads and highways necessary for the construction of waterworks....
- Texas Section 11.045 - Ditches And Canals
An appropriator is entitled to construct ditches and canals along or across any stream of water. Amended by Acts 1977, 65th Leg., p. 2207, ch....
- Texas Section 11.046 - Return Surplus Water
(a) A person who takes or diverts water from a watercourse or stream for the purposes authorized by this code shall conduct surplus water back...
- Texas Section 11.047 - Failure To Fence
If a person, association of persons, corporation, or water improvement or irrigation district that owns or controls a ditch, canal, reservoir, dam, or lake does...
- Texas Section 11.048 - Cost Of Maintaining Irrigation Ditch
(a) If an irrigation ditch is owned or used by two or more persons, mutual or cooperative companies, or corporations, each party who has an...
- Texas Section 11.049 - Examination And Survey
A person may make any necessary examination and survey in order to select the most advantageous sites for a reservoir and rights-of-way to be used...
- Texas Section 11.050 - Tidewater Gates, Etc
(a) An appropriator authorized to take water for irrigation, subject to the laws of the United States and the regulations made under its authority, may...
- Texas Section 11.051 - Irrigation: Lien On Crops
(a) A person who constructs a ditch, canal, dam, lake, or reservoir for the purpose of irrigation and who leases, rents, furnishes, or supplies water...
- Texas Section 11.052 - Activities Under The Federal Reclamation Act
The Secretary of the Interior of the United States is authorized to conduct any activities in this state necessary to perform his duties under the...
SUBCHAPTER C UNLAWFUL USE, DIVERSION, WASTE, ETC.
- Texas Section 11.053 - Emergency Order Concerning Water Rights
(a) During a period of drought or other emergency shortage of water, as defined by commission rule, the executive director by order may, in accordance...
- Texas Section 11.081 - Unlawful Use Of State Water
No person may wilfully take, divert, or appropriate any state water for any purpose without first complying with all applicable requirements of this chapter. Amended...
- Texas Section 11.082 - Unlawful Use: Civil Penalty
(a) A person who wilfully takes, diverts, or appropriates state water without complying with the applicable requirements of this chapter is also liable to a...
- Texas Section 11.083 - Other Unlawful Taking
(a) No person may wilfully open, close, change, or interfere with any headgate or water box without lawful authority. (b) No person may wilfully use...
- Texas Section 11.084 - Sale Of Permanent Water Right Without A Permit
No person may sell or offer to sell a permanent water right unless he has perfected a right to appropriate state water by a certified...
- Texas Section 11.0841 - Civil Remedy
(a) Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available...
- Texas Section 11.0842 - Administrative Penalty
(a) If a person violates this chapter, a rule or order adopted under this chapter or Section 16.236, or a permit, certified filing, or certificate...
- Texas Section 11.0843 - Field Citation
(a) Upon witnessing a violation of this chapter or a rule or order or a water right issued under this chapter, the executive director or...
- Texas Section 11.085 - Interbasin Transfers
(a) No person may take or divert any state water from a river basin in this state and transfer such water to any other river...
- Texas Section 11.086 - Overflow Caused By Diversion Of Water
(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to...
- Texas Section 11.087 - Diversion Of Water On International Stream
(a) When storm water or floodwater is released from a dam or reservoir on an international stream and the water is designated for use or...
- Texas Section 11.0871 - Temporary Diversion Of Water On International Stream
(a) The commission may authorize, under conditions stated in an order, a watermaster to provide for the temporary diversion and use by holders of water...
- Texas Section 11.088 - Destruction Of Waterworks
No person may wilfully cut, dig, break down, destroy, or injure or open a gate, bank, embankment, or side of any ditch, canal, reservoir, flume,...
- Texas Section 11.089 - Johnson Grass Or Russian Thistle
(a) No person who owns, leases, or operates a ditch, canal, or reservoir or who cultivates land abutting a reservoir, ditch, flume, canal, wasteway, or...
- Texas Section 11.090 - Polluting And Littering
No person may deposit in any canal, lateral, reservoir, or lake, used for a purpose named in this chapter, the carcass of any dead animal,...
- Texas Section 11.091 - Interference With Delivery Of Water Under Contract
No person may wilfully take, divert, appropriate, or interfere with the delivery of conserved or stored water under Section 11.042 of this code. Amended by...
- Texas Section 11.092 - Wasteful Use Of Water
A person who owns or has a possessory right to land contiguous to a canal or irrigation system and who acquires the right by contract...
- Texas Section 11.093 - Abatement Of Waste As Public Nuisance
(a) A person who permits an unreasonable loss of water through faulty design or negligent operation of any waterworks using water for a purpose named...
- Texas Section 11.094 - Penalty For Use Of Works Declared Public Nuisance
No person may operate or attempt to operate any waterworks or irrigation system or use any water under contract with any waterworks or irrigation system...
- Texas Section 11.096 - Obstruction Of Navigable Streams
No person may obstruct the navigation of any stream which can be navigated by steamboats, keelboats, or flatboats by cutting and felling trees or by...
SUBCHAPTER D PERMITS TO USE STATE WATER
- Texas Section 11.097 - Removal Of Obstructions From Navigable Streams
(a) On its own motion or on written request from a commissioners court, the commission shall investigate a reported natural obstruction in a navigable stream...
- Texas Section 11.121 - Permit Required
Except as provided in Sections 11.1405, 11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any state water or begin construction of any work designed...
- Texas Section 11.122 - Amendments To Water Rights Required
(a) All holders of permits, certified filings, and certificates of adjudication issued under Section 11.323 of this code shall obtain from the commission authority to...
- Texas Section 11.123 - Permit Preferences
The commission shall give preference to applications in the order declared in Section 11.024 of this code and to applications which will effectuate the maximum...
- Texas Section 11.124 - Application For Permit
(a) An application to appropriate unappropriated state water must: (1) be in writing and sworn to; (2) contain the name and post-office address of the...
- Texas Section 11.125 - Map Or Plat
(a) The application must be accompanied by a map or plat drawn on tracing linen on a scale not less than one inch equals 2,000...
- Texas Section 11.126 - Commission Requirements
(a) If the proposed taking or diversion of water for irrigation exceeds nine cubic feet per second, the executive director may require additional information as...
- Texas Section 11.127 - Additional Requirements: Drainage Plans
If the commission believes that the efficient operation of any existing or proposed irrigation system may be adversely affected by lack of adequate drainage facilities...
- Texas Section 11.1271 - Additional Requirements: Water Conservation Plans
(a) The commission shall require from an applicant for a new or amended water right the formulation and submission of a water conservation plan and...
- Texas Section 11.1272 - Additional Requirement: Drought Contingency Plans For Certain Applicants And Water Right Holders
(a) The commission shall by rule require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate...
- Texas Section 11.1273 - Additional Requirement: Review Of Amendments To Certain Water Management Plans
(a) This section applies only to a water management plan consisting of a reservoir operation plan for the operation of two water supply reservoirs that...
- Texas Section 11.128 - Payment Of Fee
If the applicant is not exempted from payment of the filing fee under Section 12.112 of this code, he shall pay the filing fee prescribed...
- Texas Section 11.129 - Review Of Application; Amendment
The commission shall determine whether the application, maps, and other materials comply with the requirements of this chapter and the rules of the commission. The...
- Texas Section 11.130 - Recording Applications
(a) The executive director shall have all applications for appropriations recorded in a well-bound book kept for that purpose in the commission office. (b) The...
- Texas Section 11.131 - Examination And Denial Of Application Without Hearing
(a) The commission shall make a preliminary examination of the application, and if it appears that there is no unappropriated water in the source of...
- Texas Section 11.1311 - Approval Of Certain Applications Without Hearing
(a) If a permit for a reservoir project which is listed on the effective date of this section as a recommended project in the current...
- Texas Section 11.132 - Notice
(a) Notice shall be given to the persons who in the judgment of the commission may be affected by an application, including those persons listed...
- Texas Section 11.133 - Hearing
At the time and place stated in the notice, the commission shall hold a hearing on the application. Any person may appear at the hearing...
- Texas Section 11.134 - Action On Application
(a) After the hearing, the commission shall make a written decision granting or denying the application. The application may be granted or denied in whole...
- Texas Section 11.135 - Issuance Of Permit
(a) On approval of an application, the commission shall issue a permit to the applicant. The applicant's right to take and use water is limited...
- Texas Section 11.1351 - Permit Restrictions
In granting an application, the commission may direct that stream flow restrictions and other conditions and restrictions be placed in the permit being issued to...
- Texas Section 11.136 - Recording Of Permit
(a) The commission shall transmit the permit by registered mail to the county clerk of the county in which the appropriation is to be made....
- Texas Section 11.137 - Seasonal Permits
(a) The commission may issue seasonal permits in the same manner that it issues regular permits. The provisions of this chapter governing issuance of regular...
- Texas Section 11.138 - Temporary Permits
(a) The commission may issue temporary permits for beneficial purposes to the extent that they do not interfere with or adversely affect prior appropriations or...
- Texas Section 11.1381 - Term Permits
(a) Until a water right is perfected to the full extent provided by Section 11.026 of this code, the commission may issue permits for a...
- Texas Section 11.139 - Emergency Authorizations
(a) Except as provided by Section 11.148 of this code, the commission may grant an emergency permit, order, or amendment to an existing permit, certified...
- Texas Section 11.140 - Permits For Storage For Project Development
The commission may issue permits for storage solely for the purpose of optimum development of projects. The commission may convert these permits to permits for...
- Texas Section 11.1405 - Desalination Of Seawater For Use For Industrial Purposes
(a) The commission may issue a permit under this section to authorize a diversion of state water from the Gulf of Mexico or a bay...
- Texas Section 11.141 - Date Of Priority
When the commission issues a permit, the priority of the appropriation of water and the claimant's right to use the water date from the date...
- Texas Section 11.142 - Permit Exemptions
(a) Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than...
- Texas Section 11.1421 - Permit Exemption For Mariculture Activities
(a) In this section, "mariculture" means the propagation and rearing of aquatic species, including shrimp, other crustaceans, finfish, mollusks, and other similar creatures in a...
- Texas Section 11.1422 - Permit Exemption For Historic Cemeteries
(a) Without obtaining a permit, a tax-exempt nonprofit corporation that owns a cemetery may divert from a river not more than 200 acre-feet of water...
- Texas Section 11.143 - Use Of Water From Exempt Dam Or Reservoir For Nonexempt Purposes
(a) The owner of a dam or reservoir exempted under Section 11.142(a) or (b) who desires to use water from the dam or reservoir for...
- Texas Section 11.144 - Approval For Alterations
All holders of permits and certified filings shall obtain the approval of the commission before making any alterations, enlargements, extensions, or other changes to any...
- Texas Section 11.145 - When Construction Must Begin
(a) If a permit is for appropriation by direct diversion, construction of the proposed facilities shall begin within the time fixed by the commission, which...
- Texas Section 11.146 - Forfeitures And Cancellation Of Permit For Inaction
(a) If a permittee fails to begin construction within the time specified in Section 11.145 of this code, he forfeits all rights to the permit,...
- Texas Section 11.147 - Effects Of Permit On Bays And Estuaries And Instream Uses
(a) In this section, "beneficial inflows" means a salinity, nutrient, and sediment loading regime adequate to maintain an ecologically sound environment in the receiving bay...
- Texas Section 11.1471 - Environmental Flow Standards And Set-asides
(a) The commission by rule shall: (1) adopt appropriate environmental flow standards for each river basin and bay system in this state that are adequate...
- Texas Section 11.148 - Emergency Suspension Of Permit Conditions And Emergency Authority To Make Available Water Set Aside For Environmental Flows
(a) Permit conditions relating to beneficial inflows to affected bays and estuaries and instream uses may be suspended by the commission if the commission finds...
- Texas Section 11.1491 - Evaluation Of Bays And Estuaries Data
(a) The Parks and Wildlife Department and the commission shall have joint responsibility to review the studies prepared under Section 16.058, to determine inflow conditions...
- Texas Section 11.150 - Effects Of Permits On Water Quality
In consideration of an application for a permit under this subchapter, the commission shall assess the effects, if any, of the issuance of the permit...
- Texas Section 11.1501 - Consideration And Revision Of Plans
In considering an application for a permit to store, take, or divert surface water, or for an amendment to a permit, certified filing, or certificate...
- Texas Section 11.151 - Effects Of Permits On Groundwater
In considering an application for a permit to store, take, or divert surface water, the commission shall consider the effects, if any, on groundwater or...
- Texas Section 11.152 - Assessment Of Effects Of Permits On Fish And Wildlife Habitats
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...
- Texas Section 11.153 - Projects For Storage Of Appropriated Water In Aquifers
(a) In this section, "aquifer storage and recovery project" has the meaning assigned by Section 27.151. (b) A water right holder or a person who...
SUBCHAPTER E CANCELLATION OF PERMITS, CERTIFIED FILINGS, AND CERTIFICATES OF ADJUDICATION FOR NONUSE
- Texas Section 11.155 - Aquifer Storage And Recovery Reports
The board shall make studies, investigations, and surveys of the aquifers in the state as it considers necessary to determine the occurrence, quantity, quality, and...
- Texas Section 11.171 - Definitions
As used in this subchapter: (1) "Other interested person" means any person other than a record holder who is interested in the permit or certified...
- Texas Section 11.172 - General Principle
A permit, certified filing, or certificate of adjudication is subject to cancellation in whole or part for 10 years nonuse as provided by this subchapter....
- Texas Section 11.173 - Cancellation In Whole Or In Part
(a) Except as provided by Subsection (b) of this section, if all or part of the water authorized to be appropriated under a permit, certified...
- Texas Section 11.174 - Commission May Initiate Proceedings
When the commission finds that its records do not show that some portion of the water has been used during the past 10 years, the...
- Texas Section 11.175 - Notice
(a) At least 45 days before the date of the hearing, the commission shall send notice of the hearing to the holder of the permit,...
- Texas Section 11.176 - Hearing
(a) Except as provided by Subsection (b) of this section, the commission shall hold a hearing and shall give the holder of the permit, certified...
- Texas Section 11.177 - Commission Finding; Action
(a) At the conclusion of the hearing, the commission shall cancel the permit, certified filing, or certificate of adjudication in whole or in part to...
- Texas Section 11.183 - Reservoir
If the holder of a permit, certified filing, or certificate of adjudication has facilities for the storage of water in a reservoir, the commission may...
- Texas Section 11.184 - Municipal Certified Filing
Regardless of other provisions of this subchapter, no portion of a certified filing held by a city, town, village, or municipal water district, authorizing the...
- Texas Section 11.185 - Effect Of Inaction
Failure to initiate cancellation proceedings under this subchapter does not validate or improve the status of any permit, certified filing, or certificate of adjudication in...
SUBCHAPTER F ARTESIAN WELLS
- Texas Section 11.186 - Subsequent Proceedings On Same Water Right
Once cancellation proceedings have been initiated against a particular permit, certified filing, or certificate of adjudication and a hearing has been held, further cancellation proceedings...
- Texas Section 11.201 - Artesian Well Defined
An artesian well is an artificial water well in which the water, when properly cased, will rise by natural pressure above the first impervious stratum...
- Texas Section 11.202 - Right To Drill Artesian Well
(a) Except as provided by this section, a person is entitled to drill an artesian well for domestic purposes or for stock raising without complying...
- Texas Section 11.203 - Artesian Well: Drilling Record
A person who drills an artesian well or has one drilled shall keep a complete and accurate record of the depth, thickness, and character of...
- Texas Section 11.204 - Report Of New Artesian Well
Within one year after an artesian well is drilled, the owner or operator shall transmit to the commission a sworn report stating the result of...
- Texas Section 11.205 - Wasting Water From Artesian Well
Unless the water from an artesian well is used for a purpose and in a manner in which it may be lawfully used on the...
- Texas Section 11.206 - Improperly Cased Well: Nuisance
An artesian well that is not tightly cased, capped, and furnished with mechanical appliances that readily and effectively prevent water from flowing out of the...
SUBCHAPTER G WATER RIGHTS ADJUDICATION ACT
- Texas Section 11.207 - Annual Report
(a) Not later than March 1 of each year, a person who during any part of the preceding calendar year owned or operated an artesian...
- Texas Section 11.301 - Short Title
This subchapter may be cited as the Water Rights Adjudication Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept....
- Texas Section 11.302 - Declaration Of Policy
The conservation and best utilization of the water resources of this state are a public necessity, and it is in the interest of the people...
- Texas Section 11.303 - Recordation And Limitation Of Certain Water Rights Claims
(a) This section applies to: (1) claims of riparian water rights; (2) claims under Section 11.143 of this code to impound, divert, or use state...
- Texas Section 11.304 - Adjudication Of Water Rights
The water rights in any stream or segment of a stream may be adjudicated as provided in this subchapter: (1) on the commission's own motion;...
- Texas Section 11.305 - Investigation
(a) Promptly after a petition is filed under Section 11.304 of this Code, the commission shall consider whether the adjudication would be in the public...
- Texas Section 11.306 - Notice Of Adjudication
(a) The commission shall prepare a notice of adjudication which describes the stream or segment to be adjudicated and the date by which all claims...
- Texas Section 11.307 - Filing Of Sworn Claims
(a) Every person claiming a water right of any nature, except for domestic or livestock purposes, from the stream or segment under adjudication shall file...
- Texas Section 11.308 - Hearings On Claims; Notice
The commission shall set a time and a place for hearing all claims. Not less than 30 days before commencement of the hearings, the commission...
- Texas Section 11.309 - Preliminary Determination Of Claims
(a) On completion of the hearings, the commission shall make a preliminary determination of the claims to water rights under adjudication. (b) One copy of...
- Texas Section 11.310 - Evidence Open To Inspection
All evidence presented to or considered by the commission shall be open to public inspection for a period of not less than 60 days, as...
- Texas Section 11.311 - Date For Filing Contests
The commission shall set a date for filing contests on the preliminary determination, which date shall not be less than 30 days after the period...
- Texas Section 11.312 - Notice Of Preliminary Determination; Copies
(a) Promptly after the preliminary determination is made as provided in Section 11.309 of this code, the commission shall publish notice of the determination once...
- Texas Section 11.313 - Filing Contests
(a) Any water right claimant affected by the preliminary determination, including any claimant to water rights within the river basin but outside the stream or...
- Texas Section 11.314 - Hearing On Contest; Notice
After the time for filing contests has expired, the commission shall prepare a notice setting forth the part of the preliminary determination to which each...
- Texas Section 11.315 - Final Determination
On completion of the hearings on all contests, the commission shall make a final determination of the claims to water rights under adjudication. The commission...
- Texas Section 11.316 - Application For Rehearing
Within 30 days from the date of the final determination, any affected party may apply to the commission for a rehearing. Applications for rehearing which...
- Texas Section 11.317 - Filing Final Determination With District Court
(a) As soon as practicable after the disposition of all applications for rehearing, the commission shall file a certified copy of the final determination, together...
- Texas Section 11.318 - Exceptions To Final Determination
(a) Any affected person who appeared in the proceeding before the commission may file exceptions to the final determination. An exception must state with a...
- Texas Section 11.319 - Hearings On Exceptions
(a) The court shall hear any exceptions that have been filed. The commission and all affected persons who appeared in the proceedings before the commission...
- Texas Section 11.320 - Scope Of Judicial Review
(a) In passing on exceptions, the court shall determine all issues of law and fact independently of the commission's determination. The substantial evidence rule shall...
- Texas Section 11.321 - Evidence
Any exception heard by the court without a jury may be resolved on the record of evidence before the commission, or the court may take...
- Texas Section 11.322 - Final Decree
(a) After the final hearing, the court shall enter a decree affirming or modifying the order of the commission. (b) The court may assess the...
- Texas Section 11.323 - Certificate Of Adjudication
(a) When a final determination of the rights to the waters of a stream has been made in accordance with the procedure provided in this...
- Texas Section 11.324 - Recordation Of Certificate
(a) The commission shall transmit the certificate of adjudication or a true copy to the county clerk of each county in which the appropriation is...
- Texas Section 11.325 - Water Divisions
The commission shall divide the state into water divisions for the purpose of administering adjudicated water rights. Water divisions may be created from time to...
- Texas Section 11.326 - Appointment Of Watermaster
(a) The executive director may appoint one watermaster for each water division. (b) A watermaster holds office until a successor is appointed. The executive director...
- Texas Section 11.3261 - Watermaster Advisory Committee
(a) The executive director shall establish a watermaster advisory committee consisting of a minimum of nine members, but no more than 15 members, who are...
- Texas Section 11.327 - Duties Of Watermaster
(a) A watermaster shall divide the water of the streams or other sources of supply of his division in accordance with the adjudicated water rights....
- Texas Section 11.3271 - Powers And Duties Of Rio Grande Watermaster; Delivery Of Water Down Banks And Bed Of Rio Grande
(a) This section applies only to the watermaster with jurisdiction over the Rio Grande and the water division for which that watermaster is appointed. (b)...
- Texas Section 11.328 - Watermaster's Notice Posted
If, in the performance of his duties, a watermaster regulates diversion works or the controlling works of reservoirs, he shall attach to the works a...
- Texas Section 11.329 - Compensation And Expenses Of Watermaster
(a) The commission shall pay the compensation and necessary expenses of a watermaster, assistant watermasters, and other necessary employees, but the holders of water rights...
- Texas Section 11.3291 - Watermaster Fund
(a) The watermaster fund is created as a special fund in the state treasury and shall be administered by the commission under this subchapter and...
- Texas Section 11.330 - Outlet For Free Passage Of Water
The owner of any works for the diversion or storage of water shall maintain a substantial headgate at the point of diversion, or a gate...
- Texas Section 11.331 - Measuring Devices
The commission, by rule, may require the owner of any works for the diversion, taking, storage, or distribution of water to construct and maintain suitable...
- Texas Section 11.332 - Installation Of Flumes
The commission, by rule, may require flumes to be installed along the line of any ditch if necessary for the protection of water rights or...
- Texas Section 11.333 - Failure To Comply With Commission Rules
If the owner of waterworks using state water refuses or neglects to comply with the rules adopted pursuant to Section 11.330, 11.331, or 11.332 of...
- Texas Section 11.334 - Suit Against Commission For Injury
Any person who is injured by an act of the commission under this subchapter may bring suit against the commission to review the action or...
- Texas Section 11.335 - Administration Of Water Rights Not Adjudicated
(a) If any area in which water rights of record in the office of the commission have not been adjudicated, the claimants of the rights...
- Texas Section 11.336 - Administration Of Permits Issued After Adjudication
Permits, other than temporary permits, that are issued by the commission to appropriate water from an adjudicated stream or segment are subject to administration in...
- Texas Section 11.337 - Hearings: Notice And Procedure
(a) The commission shall give notice of a hearing or other proceeding it orders under this subchapter in the manner prescribed in the procedural rules...
- Texas Section 11.338 - Cancellation Of Water Rights
Nothing in this subchapter recognizes any abandoned or cancelled water right or impairs in any way the power of the commission under general law to...
- Texas Section 11.339 - Underground Water Not Affected
This subchapter does not apply to underground water as defined in Chapter 52 of this code. Amended by Acts 1977, 65th Leg., p. 2207, ch....
- Texas Section 11.340 - Abatement Of Certain Civil Suits
(a) Nothing in this subchapter prevents or precludes a person who claims the right to divert water from a stream from filing and prosecuting to...
SUBCHAPTER H COURT-APPOINTED WATERMASTER
- Texas Section 11.341 - Limitation On Actions
This subchapter does not affect any action or proceeding instituted before August 28, 1967, or any right accrued before that date except those specifically provided...
- Texas Section 11.401 - Scope Of Subchapter
The provisions of this subchapter apply to a suit if: (1) the state is a party; (2) the purpose of the suit is to determine...
- Texas Section 11.402 - Appointment And Authority Of Watermaster
(a) A court having jurisdiction over a suit described in Section 11.401 of this code may appoint a watermaster with power to allocate and distribute,...
- Texas Section 11.403 - Compensation Of Watermaster
The court shall fix the compensation of the watermaster and his staff. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff....
- Texas Section 11.404 - Expenses And Assessment Of Costs Of Watermaster
(a) Except as provided by Subsection (e), the trial court shall assess the costs and expenses of the watermaster and his staff against all persons...
- Texas Section 11.405 - Failure To Pay Assessed Costs
If the costs and expenses assessed are not paid within the time prescribed by the court, the court after notice and hearing may withdraw or...
- Texas Section 11.406 - Judicial Custody Of Water During Appeal
If a party appeals the judgment of the trial court, that court may retain custody of the water which it has previously taken into judicial...
- Texas Section 11.407 - Allocation And Distribution Of Water During Appeal
During the pendency of an appeal, the trial court shall limit the allocation and distribution of the water in its custody to the parties adjudicated...
- Texas Section 11.408 - Retention Of Watermaster During Appeal
During the pendency of an appeal, the trial court may retain the watermaster in office with the same authority he had during the trial proceedings....
SUBCHAPTER I COMMISSION-APPOINTED WATERMASTER
- Texas Section 11.409 - Violations Of Court Orders
If a party violates any order of the trial court either during trial proceedings or during an appeal, the trial court may limit or withdraw...
- Texas Section 11.451 - Commission Authority
On petition of 25 or more holders of water rights in a river basin or segment of a river basin or on its own motion...
- Texas Section 11.452 - Procedure For Determination
(a) On receiving a petition for appointment of a watermaster or on its own motion, the commission shall call and hold a hearing to determine...
- Texas Section 11.453 - Appointment Of Watermaster
(a) On issuance of an order under Section 11.452 of this chapter directing appointment of a watermaster, the executive director shall appoint a watermaster for...
- Texas Section 11.4531 - Watermaster Advisory Committee
(a) For each river basin or segment of a river basin for which the executive director appoints a watermaster under this subchapter, the executive director...
- Texas Section 11.454 - Duties And Authority Of The Watermaster
Section 11.327 applies to the duties and authority of a watermaster appointed for a river basin or segment of a river basin under this subchapter...
- Texas Section 11.455 - Compensation And Expenses Of Watermaster
(a) Section 11.329 applies to the payment of the compensation and expenses of a watermaster appointed for a river basin or segment of a river...
- Texas Section 11.456 - Maintaining Current Status
(a) To protect water rights holders in a river basin or segment of a river basin during the proceedings under Section 11.452 of this code,...
- Texas Section 11.457 - Assistance To Watermaster
The executive director shall provide the watermaster with such staff and facilities as are necessary to carry out this subchapter. Added by Acts 1987, 70th...
SUBCHAPTER J WETLANDS
- Texas Section 11.458 - Application Of Subchapter
This subchapter shall not apply to any river basin or segment of a river basin in which a watermaster has been appointed pursuant to Subchapter...
- Texas Section 11.501 - Title Of Act
This Act shall be known and may be cited as the "Wetlands Act." Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug....
- Texas Section 11.502 - Definition
(1) The definition of the term "wetlands" within the State of Texas, for purposes of the Clean Water Act, 33 U.S.C. 1311, 1344; the Erodible...
- Texas Section 11.503 - Applicability To Man-made Wetlands
Section 11.502(4)(C) applies only to man-made wetlands, the construction or creation of which commences on or after the effective date of this Act. Added by...
- Texas Section 11.504 - Applicability To Certain Mining-related Activities
This Act shall not apply to surface mining and reclamation. Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989. Amended...
- Texas Section 11.505 - Applicability To State Revolving Loan Fund Program
This Act shall not apply to the state revolving loan fund program. Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28,...
SUBCHAPTER K CONCHO RIVER WATERMASTER PROGRAM
- Texas Section 11.506 - Conflict Between State And Federal Law
If the state definition conflicts with the federal definition in any manner, the federal definition prevails. Added by Acts 1989, 71st Leg., ch. 1202, Sec....
- Texas Section 11.551 - Definitions
In this subchapter: (1) "Advisory committee" means the Concho River Watermaster Advisory Committee appointed under Section 11.557. (2) "Executive director" means the executive director of...
- Texas Section 11.552 - Concho River Watermaster Program
The Concho River Watermaster Program is established to ensure compliance with water rights in the area described by Section 11.553. Added by Acts 2005, 79th...
- Texas Section 11.553 - Jurisdiction Of Watermaster
The geographical and jurisdictional boundaries of a watermaster acting under this subchapter shall be the Concho River segment of the Colorado River Basin that includes...
- Texas Section 11.554 - Watermaster; Appointment Of Deputy Watermaster
(a) The watermaster for the South Texas Watermaster Program shall serve as the watermaster for the program. (b) The watermaster shall appoint a deputy watermaster,...
- Texas Section 11.555 - Duties And Authority Of Watermaster
The watermaster has the same duties and authority under the Concho River Watermaster Program as the watermaster has under the South Texas Watermaster Program. Added...
- Texas Section 11.556 - Appointment Of Nonvoting Member Of South Texas Watermaster Advisory Committee
(a) The executive director shall appoint a person who resides in the area described by Section 11.553 to the South Texas Watermaster Advisory Committee. (b)...
- Texas Section 11.557 - Concho River Watermaster Advisory Committee
(a) The Concho River Watermaster Advisory Committee consists of 13 members appointed by the executive director as follows: (1) six members selected from nominations received,...
- Texas Section 11.558 - Fees
Fees assessed under the Concho River Watermaster Program shall be of the same type and rate as those assessed under the South Texas Watermaster Program...
- Texas Section 11.559 - Referendum
(a) On or after September 1, 2009, a water right holder may petition the advisory committee to conduct a referendum on the continuation of the...
- Texas Section 11.560 - Colorado River Basin Watermaster Program
If a watermaster program is established for the entire Colorado River Basin, the Concho River Watermaster Program is discontinued, and the area described by Section...
- Texas Section 11.561 - Applicability Of Other Law And Commission Rules
A provision of this code or a rule adopted by the commission that relates to watermasters and does not conflict with the provisions of this...