reglab/housing_qa huggingface dataset:
TX Water Code § 11.1273 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.1273. Additional Requirement: Review of Amendments to Certain Water Management Plans

Sec. 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 was originally required by a court order adjudicating the water rights for those reservoirs.(b)  Not later than the first anniversary of the date the executive director determines that an application to amend a water management plan is administratively complete, the executive director shall complete a technical review of the plan.(c)  If the executive director submits a written request for additional information to the applicant, the applicant shall submit the requested information to the executive director not later than the 30th day after the date the applicant receives the request or not later than the deadline agreed to by the executive director and the applicant, if applicable.  The review period required by Subsection (b) for completing the technical review is tolled until the date the executive director receives the requested information from the applicant.(d)  The commission shall provide an opportunity for public comment and a public hearing on the application, consistent with the process for other water rights applications.(e)  If the commission receives a request for a hearing before the period for submitting public comments and requesting a hearing expires, the commission shall act on the request for a hearing and, if the request is denied, act on the application not later than the 60th day after the date the period expires.  If a request for a hearing is not submitted before the period expires, the executive director may act on the application.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.04, eff. September 1, 2011.|
TX Water Code § 11.128 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.128. Payment of Fee

Sec. 11.128.  PAYMENT OF FEE.  The applicant shall pay the filing fee prescribed by Section  5.701 at the time the application is filed.  The commission may not record, file, or consider the application until the executive director certifies to the commission that the fee is paid.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.001, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 4, eff. September 1, 2017.|
TX Water Code § 11.129 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.129. Review of Application; Amendment

Sec. 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 commission may require amendment of the application, maps, or other materials to achieve necessary compliance.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.009, eff. Sept. 1, 1985.|
TX Water Code § 11.130 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.130. Recording Applications

Sec. 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 executive director shall have the applications indexed alphabetically in the name of:(1)  the applicant;(2)  the stream or source from which the appropriation is sought to be made;  and(3)  the county in which the appropriation is sought to be made.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.010, eff. Sept. 1, 1985.|
TX Water Code § 11.131 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.131. Examination and Denial of Application Without Hearing

Sec. 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 supply or that the proposed appropriation should not be allowed for other reasons, the commission may deny the application.(b)  If the commission denies the application under this section and the applicant elects not to proceed further, the commission may order any part of the fee submitted with the application returned to the applicant.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.1311 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.1311. Approval of Certain Applications Without Hearing

Sec. 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 state water plan has been abandoned, voluntarily canceled, or forfeited for failure to commence construction within the time specified by law, and the reservoir project site is owned by a municipality, river authority, other political subdivision, or water supply corporation organized under Chapter 67, the commission may reissue that same permit with a new priority date to the board without notice or hearing, upon submission of an application by the board.(b)  The board may transfer interests in a permit issued under this section to a municipality, river authority, other political subdivision, or water supply corporation organized under Chapter 67 as otherwise provided by law.(c)  A permit issued pursuant to this section shall be administered in accordance with this chapter and as otherwise provided by law.|Added by Acts 1999, 76th Leg., ch. 1291, Sec. 2.01, eff. Sept. 1, 1999.|
TX Water Code § 11.133 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.133. Hearing

Sec. 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 in person or by attorney or may enter his appearance in writing.  Any person who appears may present objection to the issuance of the permit.  The commission may receive evidence, orally or by affidavit, in support of or in opposition to the issuance of the permit, and it may hear arguments.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.134 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.134. Action on Application

Sec. 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 or in part.(b)  The commission shall grant the application only if:(1)  the application conforms to the requirements prescribed by this chapter and is accompanied by the prescribed fee;(2)  unappropriated water is available in the source of supply;(3)  the proposed appropriation:(A)  is intended for a beneficial use;(B)  does not impair existing water rights or vested riparian rights;(C)  is not detrimental to the public welfare;(D)  considers any applicable environmental flow standards established under Section 11.1471 and, if applicable, the assessments performed under Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152; and(E)  addresses a water supply need in a manner that is consistent with the state water plan and the relevant approved regional water plan for any area in which the proposed appropriation is located, unless the commission determines that conditions warrant waiver of this requirement; and(4)  the applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by Section 11.002(8)(B).(b-1)  In determining whether an appropriation is detrimental to the public welfare under Subsection (b)(3)(C), the commission may consider only the factors that are within the jurisdiction and expertise of the commission as established by this chapter.(c)  Beginning January 5, 2002, the commission may not issue a water right for municipal purposes in a region that does not have an approved regional water plan in accordance with Section 16.053(i) unless the commission determines that conditions warrant waiver of this requirement.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 1.09;  Acts 1997, 75th Leg., ch. 1010, Sec. 4.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1223, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 2.08, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.12, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.12, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 5, eff. September 1, 2017.|
TX Water Code § 11.135 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.135. Issuance of Permit

Sec. 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 to the extent and purposes stated in the permit.(b)  The permit shall be in writing and attested by the seal of the commission, and it shall contain substantially the following information:(1)  the name of the person to whom the permit is issued;(2)  the date the permit is issued;(3)  the date the original application was filed;(4)  the use or purpose for which the appropriation is to be made;(5)  the amount or volume of water authorized to be appropriated for each purpose; if use of the appropriated water is authorized for multiple purposes, the permit shall contain a special condition limiting the total amount of water that may actually be diverted for all of the purposes to the amount of water appropriated;(6)  a general description of the source of supply from which the appropriation is proposed to be made, including any alternative source of water that is not state water;(7)  the time within which construction or work must begin and the time within which it must be completed; and(8)  any other information the commission prescribes.(c)  If the appropriation is for irrigation, the commission shall also place in the permit a description and statement of the approximate area of the land to be irrigated.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.011, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.10, eff. June 19, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1157 (S.B. 864), Sec. 2, eff. September 1, 2017.|
TX Water Code § 11.1351 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.1351. Permit Restrictions

Sec. 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 protect the priority of senior water rights.|Added by Acts 1987, 70th Leg., ch. 404, Sec. 1, eff. Sept. 1, 1987.|
TX Water Code § 11.136 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.136. Recording of Permit

Sec. 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.(b)  When the county clerk receives the permit and is paid the recording fee (as prescribed by Subchapter B, Chapter 118, Local Government Code, he shall file and record the permit in a well-bound book kept for that purpose.  He shall index the permit alphabetically in the name of the applicant and of the stream or source of water supply.  After he has recorded the permit, the county clerk shall deliver the permit, on demand, to the applicant.(c)  When the permit is filed in the office of the county clerk, it is constructive notice of:(1)  the filing of the application;(2)  the issuance of the permit;  and(3)  all the rights arising under the filing of the application and the issuance of the permit.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 149, Sec. 45, eff. Sept. 1, 1987.|
TX Water Code § 11.137 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.137. Seasonal Permits

Sec. 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 permits apply to issuance of seasonal permits.(b)  The right to take, use, or divert water under seasonal permit is limited to the portion or portions of the calendar year stated in the permit.(c)  In a seasonal permit, the commission shall specify the conditions necessary to fully protect prior appropriations or vested rights on the stream.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.138 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.138. Temporary Permits

Sec. 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 vested rights on the stream from which water is to be diverted under such temporary permit.  The commission may, by appropriate order, authorize any member of the commission to approve and issue temporary permits without notice and hearing if it appears to such issuing party that sufficient water is available at the proposed point of diversion to satisfy the requirements of the temporary permit as well as all existing rights.  No temporary permit issued without notice and hearing shall authorize more than 10 acre-feet of water, nor may it be for a term in excess of one year.(b)  The commission may prescribe rules governing notice and procedure for the issuance of temporary permits.(c)  As between temporary permits, the one applied for first has priority.(d)  The commission may not issue a temporary permit for a period exceeding three calendar years.(e)  A temporary permit does not vest in its holder a permanent right to the use of water.(f)  A temporary permit expires and shall be cancelled by the commission in accordance with the terms of the permit.(g)  The commission may prescribe by rule the fees to be paid for issuance of temporary permits, but no fee for issuance or extension of a temporary permit shall exceed $500.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 978, ch. 367, Sec. 5, 42, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.012, eff. Sept. 1, 1985.|
TX Water Code § 11.1381 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.1381. Term Permits

Sec. 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 term of years for use of state water to which a senior water right has not been perfected.(b)  The commission shall refuse to grant an application for a permit under this section if the commission finds that there is a substantial likelihood that the issuance of the permit will jeopardize financial commitments made for water projects that have been built or that are being built to optimally develop the water resources of the area.(c)  The commission shall refuse to grant an application for a term permit if the holder of the senior appropriative water right can demonstrate that the issuance of the term permit would prohibit the senior appropriative water right holder from beneficially using the senior rights during the term of the term permit.  Such demonstration will be made using reasonable projections based on accepted methods.(d)  A permit issued under this section is subordinate to any senior appropriative water rights.|Added by Acts 1987, 70th Leg., ch. 405, Sec. 1, eff. Sept. 1, 1987.|
TX Water Code § 11.140 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.140. Permits for Storage for Project Development

Sec. 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 beneficial use if application to have them converted is made to the commission.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.1405 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.1405. Desalination of Seawater for Use for Industrial Purposes

Sec. 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 or arm of the Gulf of Mexico for desalination and use for industrial purposes if:(1)  the point of diversion is located less than three miles seaward of any point located on the coast of this state; or(2)  the seawater contains a total dissolved solids concentration based on a yearly average of samples taken monthly at the water source of less than 20,000 milligrams per liter.(b)  A person may divert state water from the Gulf of Mexico or a bay or arm of the Gulf of Mexico for desalination and use for industrial purposes without obtaining a permit if Subsection (a) does not apply.(c)  A person who diverts and uses state water that consists of marine seawater under a permit issued under Subsection (a) or as authorized by Subsection (b) must determine the total dissolved solids concentration of the seawater at the water source by monthly sampling and analysis and provide the data collected to the commission.  A person may not begin construction of a facility for the diversion of marine seawater for the purposes provided by this section without obtaining a permit until the person has provided data to the commission based on the analysis of samples taken at the water source over a period of at least one year demonstrating that Subsection (a)(2) does not apply.  A person who has begun construction of a facility for the diversion of marine seawater for the purposes provided by this section without obtaining a permit because the person has demonstrated that Subsection (a)(2) does not apply is not required to obtain a permit for the facility if the total dissolved solids concentration of the seawater at the water source subsequently changes so that Subsection (a)(2) applies.(d)  A permit application under this section must be submitted as required by commission rule.(e)  The commission is not required to make a finding of water availability for an application under this section.(f)  The commission shall evaluate whether any proposed diversion under this section is consistent with any applicable environmental flow standards established under Section 11.1471.(g)  The commission may include any provision in a permit issued under this section that the commission considers necessary to comply with the environmental flow standards established under Section 11.1471.(h)  The commission shall adopt rules providing an expedited procedure for acting on an application for a permit under Subsection (a).  The rules must provide for notice, an opportunity for the submission of written comment, and an opportunity for a contested case hearing regarding commission actions relating to an application for a permit.|Added by Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 4, eff. June 17, 2015.|
TX Water Code § 11.141 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter D. Permits to Use State Water|Section 11.141. Date of Priority

Sec. 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 of filing of the application.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|