reglab/housing_qa huggingface dataset:
TX Water Code § 11.086 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.086. Overflow Caused by Diversion of Water

Sec. 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 continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.(b)  A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.(c)  The prohibition of Subsection (a) of this section does not in any way affect the construction and maintenance of levees and other improvements to control floods, overflows, and freshets in rivers, creeks, and streams or the construction of canals for conveying water for irrigation or other purposes authorized by this code.  However, this subsection does not authorize any person to construct a canal, lateral canal, or ditch that obstructs a river, creek, bayou, gully, slough, ditch, or other well-defined natural drainage.(d)  Where gullies or sloughs have cut away or intersected the banks of a river or creek to allow floodwaters from the river or creek to overflow the land nearby, the owner of the flooded land may fill the mouth of the gullies or sloughs up to the height of the adjoining banks of the river or creek without liability to other property owners.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.087 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.087. Diversion of Water on International Stream

Sec. 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 storage downstream by a specified user who is legally entitled to receive it, no other person may store, divert, appropriate, or use the water or interfere with its passage downstream.(b)  The commission may make and enforce rules and orders to implement the provisions of this section, including rules and orders designed to:(1)  establish an orderly system for water releases and diversions in order to protect vested rights and to avoid the loss of released water;(2)  prescribe the time that releases of water may begin and end;(3)  determine the proportionate quantities of the released water in transit and the water that would have been flowing in the stream without the addition of the released water;(4)  require each owner or operator of a dam or reservoir on the stream between the point of release and the point of destination to allow free passage of the released water in transit;  and(5)  establish other requirements the commission considers necessary to effectuate the purposes of this section.(c)  Orders made by the commission to effectuate its rules under this section shall be mailed by certified mail to each diverter of water and to each reservoir owner on the stream between the point of release and the point of destination of the released water as shown by the records of the commission.(d)  Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(a)(1), eff. Sept. 1, 1997.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.007, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 6, 60(a)(1), eff. Sept. 1, 1997.|
TX Water Code § 11.0871 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.0871. Temporary Diversion of Water on International Stream

Sec. 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 rights of storm water or floodwater that spills from dams and reservoirs on an international stream and otherwise would flow into the Gulf of Mexico without opportunity for beneficial use.(b)  In an order made by the commission under this section, the commission may not discriminate between holders of water rights from an international stream except to the extent necessary to protect the holders of water rights from the same source of supply.(c)  The commission shall give notice by mail to holders of water rights from an international stream and shall hold an evidentiary hearing before entry of an order under this section.|Added by Acts 1981, 67th Leg., p. 293, ch. 117, Sec. 1, eff. May 13, 1981.|
TX Water Code § 11.088 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.088. Destruction of Waterworks

Sec. 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, tunnel or feeder, pump or machinery, building, structure, or other work which is the property of another, or in which another owns an interest, or which is lawfully possessed or being used by another, and which is used for milling, mining, manufacturing, the development of power, domestic purposes, agricultural uses, or stock raising, with intent to:(1)  maliciously injure a person, association, corporation, water improvement or irrigation district;(2)  gain advantage for himself;  or(3)  take or steal water or cause water to run out or waste out of the ditch, canal, or reservoir, feeder, or flume for his own advantage or to the injury of a person lawfully entitled to the use of the water or the use or management of the ditch, canal, tunnel, reservoir, feeder, flume, machine, structure, or other irrigation work.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.06, eff. Sept. 1, 2001.|
TX Water Code § 11.089 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.089. Johnson Grass or Russian Thistle

Sec. 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 lateral may permit Johnson grass or Russian thistle to go to seed on the waterway within 10 feet of the high-water line if the waterway crosses or lies on the land owned or controlled by him.(b)  The provisions of this section are not applicable in Tom Green, Sterling, Irion, Schleicher, McCullough, Brewster, Menard, Maverick, Kinney, Val Verde, and San Saba counties.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 8, eff. Sept. 1, 1997.|
TX Water Code § 11.090 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.090. Polluting and Littering

Sec. 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, tin cans, discarded buckets or pails, garbage, ashes, bailing or barbed wire, earth, offal, or refuse of any character or any other article which might pollute the water or obstruct the flow of a canal or similar structure.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 9, eff. Sept. 1, 1997.|
TX Water Code § 11.091 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.091. Interference With Delivery of Water Under Contract

Sec. 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 Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 10, eff. Sept. 1, 1997.|
TX Water Code § 11.092 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.092. Wasteful Use of Water

Sec. 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 to use the water from it commits waste if he:(1)  permits the excessive or wasteful use of water by any of his agents or employees;  or(2)  permits the water to be applied to anything but a beneficial use.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.093 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.093. Abatement of Waste as Public Nuisance

Sec. 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 in this chapter commits waste, and the commission may declare the works causing the waste to be a public nuisance.  The commission may take the necessary action to abate the nuisance.  Also, any person who may be injured by the waste may sue in the district court having jurisdiction over the works causing the waste to have the operation of the works abated as a public nuisance.(b)  In case of a wasteful use of water defined by Section 11.092 of this code, the commission shall declare the use to be a public nuisance and shall act to abate the nuisance by directing the person supplying the water to close the water gates of the person wasting the water and to keep them closed until the commission determines that the unlawful use of water is corrected.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.094 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.094. Penalty for Use of Works Declared Public Nuisance

Sec. 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 that has been previously declared to be a public nuisance.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 11, eff. Sept. 1, 1997.|
TX Water Code § 11.096 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.096. Obstruction of Navigable Streams

Sec. 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 building on or across the stream any dike, milldam, bridge, or other obstruction.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 12, eff. Sept. 1, 1997.|
TX Water Code § 11.097 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter C. Unlawful Use, Diversion, Waste, Etc.|Section 11.097. Removal of Obstructions From Navigable Streams

Sec. 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 caused by the accumulation of limbs, logs, leaves, other tree parts, or other debris.  If making the investigation on request of a commissioners court, the commission must make its investigation not later than the 30th day after the date on which it receives the written request from the commissioners court.(b)  On completion of the investigation, if the commission determines that the obstruction is creating a hazard or is having other detrimental effect on the navigable stream, the commission shall initiate action to remove the obstruction.(c)  In removing an obstruction, the commission may solicit the assistance of federal and state agencies including the Corps of Engineers, Texas National Guard, the Parks and Wildlife Department, and districts and authorities created under Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas Constitution.  Also, the commission may enter into contracts for services required to remove an obstruction.  However, no river authority may require the removal, relocation, or reconfiguration of a floating structure which was in place before the effective date of this Act and the effective date of any ordinance, rule, resolution, or other act of the river authority mandating such action unless the commission determines the structure is an obstruction to navigation.|Added by Acts 1987, 70th Leg., ch. 295, Sec. 1, eff. Sept. 1, 1987.|
TX Water Code § 11.121 (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 11.121. Permit Required

Sec. 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 for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 544, Sec. 1, eff. Aug. 31, 1987;  Acts 1995, 74th Leg., ch. 183, Sec. 1, eff. May 23, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 8, eff. June 17, 2015.Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 3, eff. June 17, 2015.|
TX Water Code § 11.123 (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 11.123. Permit Preferences

Sec. 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 utilization of water and are calculated to prevent the escape of water without contribution to a beneficial public service.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.124 (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 11.124. Application for Permit

Sec. 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 applicant;(3)  identify the source of water supply;(4)  state the nature and purposes of the proposed use or uses and the amount of water to be used for each purpose;(5)  state the location and describe the proposed facilities;(6)  state the time within which the proposed construction is to begin;  (7)  state the time required for the application of water to the proposed use or uses;  and(8)  contain the name and address of the holder of any lien on:(A)  any water right permit, certified filing, or certificate of adjudication to be granted under the permit for which application is made;  or(B)  any land to which that water right permit, certified filing, or certificate of adjudication would be appurtenant.(b)  If the proposed use is irrigation, the application must also contain:(1)  a description of the land proposed to be irrigated;  and(2)  an estimate of the total acreage to be irrigated.(c)  If the application is for a seasonal permit, under the provisions of Section 11.137 of this code, the application must also state the months or seasons of the year the water is to be used.(d)  If the application is for a temporary permit under the provisions of Section 11.138 of this code, the application must also state the period of the proposed temporary use.(e)  If the application is for a term permit, the application form used must also state that on expiration of a term permit the applicant does not have an automatic right to renew the permit.(f)  If the application is for a permit to construct a storage reservoir, the application must also contain evidence that the applicant has mailed notice of the application to each member of the governing body of each county and municipality in which the reservoir, or any part of the reservoir, will be located.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 405, Sec. 3, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.09, eff. June 19, 1997.Amended by: Acts 2005, 79th Leg., Ch. 1268 (H.B. 2140), Sec. 1, eff. September 1, 2005.|
TX Water Code § 11.125 (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 11.125. Map or Plat

Sec. 11.125.  MAP OR PLAT.  (a)  The application must be accompanied by a map or plat in the form and containing the information prescribed by the commission.(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 7, eff. September 1, 2017.(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 7, eff. September 1, 2017.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 3, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 7, eff. September 1, 2017.|
TX Water Code § 11.126 (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 11.126. Commission Requirements

Sec. 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 prescribed by this section.(b)  The executive director may require a continuous longitudinal profile, cross sections of the proposed channel, and the detail plans of any proposed structure, on any scales and with any definition the executive director considers necessary or expedient.(c)  If the application proposes construction of a dam greater than six feet in height either for diversion or storage, the executive director may also require filing a copy of all plans and specifications and a copy of the engineer's field notes of any survey of the lake or reservoir.  No work on the project shall proceed until approval of the plans is obtained from the executive director.(d)  If the applicant is a corporation, the commission may require filing a certified copy of its articles of incorporation, a statement of the names and addresses of its directors and officers, and a statement of the amount of its authorized capital stock and its paid-up capital stock.(e)  If the applicant is not a corporation, the commission may require filing a sworn statement showing the name and address of each person interested in the appropriation, the extent of his interest, and his financial condition.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3155, ch. 828, Sec. 2, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.009, eff. Sept. 1, 1985.|
TX Water Code § 11.1272 (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 11.1272. Additional Requirement: Drought Contingency Plans for Certain Applicants and Water Right Holders

Sec. 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 approved regional water plan to be implemented during periods of water shortages and drought.(b)  The wholesale and retail public water suppliers and irrigation districts shall provide an opportunity for public input during preparation of their drought contingency plans and before submission of the plans to the commission.(c)  By May 1, 2005, a drought contingency plan required by commission rule adopted under this section must include specific, quantified targets for water use reductions to be achieved during periods of water shortages and drought.  The entity preparing the plan shall establish the targets.(d)  The commission and the board by joint rule shall identify quantified target goals for drought contingency plans that wholesale and retail public water suppliers, irrigation districts, and other entities may use as guidelines in preparing drought contingency plans.  Goals established under this subsection are not enforceable requirements.(e)  The commission and the board jointly shall develop model drought contingency programs for different types of water suppliers that suggest best management practices for accomplishing the highest practicable levels of water use reductions achievable during periods of water shortages and drought for each specific type of water supplier.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 1.03, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 690, Sec. 1, eff. June 20, 2003.|