reglab/housing_qa huggingface dataset:
TX Water Code § 11.021 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.021. State Water

Sec. 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 the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.(b)  Water imported from any source outside the boundaries of the state for use in the state and which is transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned or operated by the state is the property of the state.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.022 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.022. Acquisition of Right to Use State Water

Sec. 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 the right to use state water is lawfully acquired, it may be taken or diverted from its natural channel.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.02361 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.02361. Texas Environmental Flows Science Advisory Committee

Sec. 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)  The advisory group shall appoint to the science advisory committee persons who will provide an objective perspective and diverse technical expertise, including expertise in hydrology, hydraulics, water resources, aquatic and terrestrial biology, geomorphology, geology, water quality, computer modeling, and other technical areas pertinent to the evaluation of environmental flows.(c)  Members of the science advisory committee serve five-year terms expiring March 1.  A vacancy on the science advisory committee is filled by appointment by the co-presiding officers of the advisory group for the unexpired term.(d)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the science advisory committee.(e)  The science advisory committee shall:(1)  serve as an objective scientific body to advise and make recommendations to the advisory group on issues relating to the science of environmental flow protection; and(2)  develop recommendations to help provide overall direction, coordination, and consistency relating to:(A)  environmental flow methodologies for bay and estuary studies and instream flow studies;(B)  environmental flow programs at the commission, the Parks and Wildlife Department, and the board; and(C)  the work of the basin and bay expert science teams described in Section 11.02362.(f)  To assist the advisory group to assess the extent to which the recommendations of the science advisory committee are considered and implemented, the commission, the Parks and Wildlife Department, and the board shall provide written reports to the advisory group, at intervals determined by the advisory group, that describe:(1)  the actions taken by each agency in response to each recommendation; and(2)  for each recommendation not implemented, the reason it was not implemented.(g)  The science advisory committee is abolished on the date the advisory group is abolished under Section 11.0236(m).|Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.07, eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.07, eff. September 1, 2007.|
TX Water Code § 11.0237 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.0237. Water Rights for Instream Flows Dedicated to Environmental Needs or Bay and Estuary Inflows

Sec. 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 an application to amend an existing permit or certificate of adjudication to change the use to or add a use for instream flows dedicated to environmental needs or bay and estuary inflows.(b)  This section does not alter the commission's obligations under Section 11.042(a-1), (b), or (c), 11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, 11.1491, 11.150, 11.152, 16.058, 16.059, or 18.004.|Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.07, eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.07, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1016 (H.B. 4231), Sec. 1, eff. June 19, 2009.Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 5, eff. June 17, 2015.|
TX Water Code § 11.024 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.024. Appropriation: Preferences

Sec. 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 regarding the preferences between these uses, and it is therefore declared to be the public policy of this state that in appropriating state water preference shall be given to the following uses in the order named:(1)  domestic and municipal uses, including water for sustaining human life and the life of domestic animals, it being the public policy of the state and for the benefit of the greatest number of people that in the appropriation of water as herein defined, the appropriation of water for domestic and municipal uses shall be and remain superior to the rights of the state to appropriate the same for all other purposes;(2)  agricultural uses and industrial uses, which means processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;(3)  mining and recovery of minerals;(4)  hydroelectric power;(5)  navigation;(6)  recreation and pleasure;  and(7)  other beneficial uses.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5460, ch. 1026, Sec. 1, eff. Aug. 29, 1983;  Acts 2001, 77th Leg., ch. 966, Sec. 2.03, eff. Sept. 1, 2001.|
TX Water Code § 11.025 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.025. Scope of Appropriative Right

Sec. 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 the amount which is being or can be beneficially used for the purposes specified in the appropriation, and all water not so used is considered not appropriated.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.026 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.026. Perfection of an Appropriation

Sec. 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 appropriate water or stated in a permit issued by the commission or one of its predecessors.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.027 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.027. Rights Between Appropriators

Sec. 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. Sept. 1, 1977.|
TX Water Code § 11.0275 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.0275. Fair Market Value

Sec. 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 that a willing buyer would pay a willing seller, neither of which is under any compulsion to buy or sell, for the water in an arms-length transaction and shall not be limited to the amount of money that the owner of the water right has paid or is paying for the water.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 2.04, eff. Sept. 1, 1997.|
TX Water Code § 11.029 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.029. Title to Appropriation by Limitation

Sec. 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 of three years, he acquires title to his appropriation by limitation against any other claimant of water from the same source of water supply and against any riparian owner on the same source of water supply.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.030 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.030. Forfeiture of Appropriation

Sec. 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 and the water is again subject to appropriation.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.031 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.031. Annual Report

Sec. 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 otherwise used state water during the preceding calendar year shall submit a written report to the commission on a form prescribed by the commission.  The report shall contain all information required by the commission to aid in administering the water law and in making inventory of the state's water resources.  However, with the exception of those persons who hold water rights, no report is required of persons who take water solely for domestic or livestock purposes.(b)  A person who fails to file an annual report with the commission as required by Subsection (a) or fails to timely comply with a request by the commission to make information available under Subsection (d) is liable for a penalty for each day the person fails to file the statement or comply with the request after the applicable deadline in an amount not to exceed:(1)  $100 per day if the person is the holder of a water right authorizing the appropriation of 5,000 acre-feet or less per year; or(2)  $500 per day if the person is the holder of a water right authorizing the appropriation of more than 5,000 acre-feet per year.(b-1)  The state may sue to recover a penalty under Subsection (b).(c)  The commission may waive the requirements of Subsection (a) of this section for a person who has a water right or uses state water in an area of the state where watermaster operations are established.(d)  Each person who has a water right issued by the commission or who impounds, diverts, or otherwise uses state water shall maintain water use information required under Subsection (a) on a monthly basis during the months a water rights holder uses permitted water.  The person shall make the information available to the commission on the commission's request. The executive director shall establish a reasonable deadline by which a person must make available information requested by the commission under this subsection.(e)  Except as provided by Subsection (a), the commission may request information maintained under Subsection (d) only during a drought or other emergency shortage of water or in response to a complaint.(f)  Subsection (e) does not affect the authority of a watermaster to obtain water use information under other law.(g)  The commission shall establish a process by which a report required under Subsection (a) may be submitted electronically through the Internet.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.003, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 427, Sec. 1, 2, eff. Sept. 1, 1989.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.02, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1020 (H.B. 2615), Sec. 1, eff. September 1, 2013.|
TX Water Code § 11.032 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.032. Records

Sec. 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 daily operations so that the quantity of water taken or diverted each calendar year can be determined.(b)  If the water is used for irrigation, the record must show the number of acres irrigated, the character of the crops grown, and the yield per acre.  No survey is required to determine the exact number of acres irrigated.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.033 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.033. Eminent Domain

Sec. 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 which is essential to domestic and municipal supply purposes is paramount and unquestioned in the policy of the state.  All political subdivisions of the state and constitutional governmental agencies exercising delegated legislative powers have the power of eminent domain to be exercised as provided by law for domestic, municipal, and manufacturing uses and for other purposes authorized by this code, including the irrigation of land for all requirements of agricultural employment.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.034 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.034. Reservoir Site: Land and Rights-of-Way

Sec. 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 for the site, over any public school land, university land, or asylum land of this state and the use of the rock, gravel, and timber on the site and right-of-way for construction purposes, after paying compensation as determined by the commission.  An appropriator may acquire the reservoir site and rights-of-way over private land by contract.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.035 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.035. Condemnation of Private Property

Sec. 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.(b)  The party obtaining private property by condemnation shall cause damages to be assessed and paid for as provided by the statutes of this state relating to eminent domain.(c)  If the party exercising the power granted by this section is not a corporation, district, city, or town, he shall apply to the commission for the condemnation.(d)  The executive director shall have the proposed condemnation investigated.  After the investigation, the commission may give notice to the party owning the land proposed to be condemned and hold a hearing on the proposed condemnation.(e)  If after a hearing the commission determines that the condemnation is necessary, the executive director may institute condemnation proceedings in the name of the State of Texas for the use and benefit of the party who applied for the condemnation and all others similarly situated.(f)  The parties at whose instance a condemnation suit is instituted shall pay the costs of the suit and condemnation in proportion to the benefits received by each party as fixed by the commission.  Before using any of the condemned rights or property, a party receiving the rights or property shall pay the amount of costs fixed by the commission.(g)  If, after the costs of the condemnation proceedings have been paid, a party seeks to take the benefits of the condemnation proceedings, he shall apply to the commission for the benefits.  The commission may grant the application and fix the fees and charges to be paid by the applicant.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.004, eff. Sept. 1, 1985.|
TX Water Code § 11.036 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.036. Conserved or Stored Water: Supply Contract

Sec. 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 is conserved or stored as authorized by this chapter may contract to supply the water to any person, association of persons, corporation, or water improvement or irrigation district having the right to acquire use of the water.(b)  The price and terms of the contract shall be just and reasonable and without discrimination, and the contract is subject to the same revision and control as provided in this code for other water rates and charges.  If the contract sets forth explicit expiration provisions, no continuation of the service obligation will be implied.(c)  The terms of a contract may expressly provide that the person using the stored or conserved water is required to develop alternative or replacement supplies prior to the expiration of the contract and may further provide for enforcement of such terms by court order.(d)  If any person uses the stored or conserved water without first entering into a contract with the party that conserved or stored it, the user shall pay for the use at a rate determined by the commission to be just and reasonable, subject to court review as in other cases.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.05, eff. Sept. 1, 1997.|
TX Water Code § 11.037 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.037. Water Suppliers: Rules and Regulations

Sec. 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 and publish reasonable rules and regulations relating to:(1)  the method of supply;(2)  the use and distribution of the water;  and(3)  the procedure for applying for the water and for paying for it.(b)  Each person, association of persons, corporation, and district authorized by law to carry out irrigation powers that is conserving or supplying water for any of the purposes authorized by this chapter may make and publish reasonable rules relating to water conservation, as defined by Subdivision (8)(B), Section 11.002, of this code.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 1.10.|
TX Water Code § 11.038 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter B. Rights in State Water|Section 11.038. Rights of Owners of Land Adjoining Canal, Etc

Sec. 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 constructed and maintained under the provisions of this chapter and who has secured a right to the use of water in the canal, ditch, flume, lateral, dam, reservoir, or lake is entitled to be supplied from the canal, ditch, flume, lateral, dam, reservoir, or lake with water for agricultural uses, mining, milling, manufacturing, development of power, and stock raising, in accordance with the terms of the person's contract.(b)  If the person, association of persons, or corporation owning or controlling the water and the person who owns or holds a possessory interest in the adjoining land cannot agree on a price for a permanent water right or for the use of enough water for irrigation of the person's land or for agricultural uses, mining, milling, manufacturing, development of power, or stock raising, then the party owning or controlling the water, if the person has any water not contracted to others, shall furnish the water necessary for these purposes at reasonable and nondiscriminatory prices.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 966, Sec. 2.04, eff. Sept. 1, 2001.|