reglab/housing_qa huggingface dataset:
TX Water Code § 11.039 (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 11.039. Distribution of Water During Shortage

Sec. 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 Commission or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one and everyone suffers alike.(b)  If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of persons, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to:(1)  the amount of water to which each customer may be entitled;  or(2)  the amount of water to which each customer may be entitled, less the amount of water the customer would have saved if the customer had operated its water system in compliance with the water conservation plan.(c)  Nothing in Subsection (a) or (b) precludes the person, association of persons, or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 1126, Sec. 1, eff. June 15, 2001.|
TX Water Code § 11.040 (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 11.040. Permanent Water Right

Sec. 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 be recorded in the same manner as any other instrument relating to a conveyance of land.(c)  The owner of a permanent water right is entitled to use water according to the terms of his contract.  If there is no contract, the owner is entitled to use water at a just, reasonable, and nondiscriminatory price.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.041 (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 11.041. Denial of Water: Complaint

Sec. 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 supply may present to the commission a written petition showing:(1)  that he is entitled to receive or use the water;(2)  that he is willing and able to pay a just and reasonable price for the water;(3)  that the party owning or controlling the water supply has water not contracted to others and available for the petitioner's use;  and(4)  that the party owning or controlling the water supply fails or refuses to supply the available water to the petitioner, or that the price or rental demanded for the available water is not reasonable and just or is discriminatory.(b)  If the petition is accompanied by a deposit of $25, the executive director shall have a preliminary investigation of the complaint made and determine whether or not there are probable grounds for the complaint.(c)  If, after preliminary investigation, the executive director determines that probable grounds exist for the complaint, the commission shall enter an order setting a time and place for a hearing on the petition.(d)  The commission may require the complainant to make an additional deposit or execute a bond satisfactory to the commission in an amount fixed by the commission conditioned on the payment of all costs of the proceeding.(e)  At least 20 days before the date set for the hearing, the commission shall transmit by registered mail a certified copy of the petition and a certified copy of the hearing order to the person against whom the complaint is made.(f)  The commission shall hold a hearing on the complaint at the time and place stated in the order.  It may hear evidence orally or by affidavit in support of or against the complaint, and it may hear arguments.  The utility commission may participate in the hearing if necessary to present evidence on the price or rental demanded for the available water.  On completion of the hearing, the commission shall render a written decision.(g)  If, after the preliminary investigation, the executive director determines that no probable grounds exist for the complaint, the executive director shall dismiss the complaint.  The commission may either return the deposit or pay it into the State Treasury.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.005, eff. Sept. 1, 1985.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.06, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 6, eff. September 1, 2013.|
TX Water Code § 11.043 (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 11.043. Recordation of Conveyance of Irrigation Work

Sec. 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 acknowledged in the same manner as a conveyance of real estate.  Such a conveyance must be recorded in the deed records of the county in which the ditch, canal, or reservoir is located.(b)  If a conveyance of property covered by Subsection (a) of this section is not made in the prescribed manner, it is null and void against subsequent purchasers in good faith and for valuable consideration.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.044 (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 11.044. Roads and Highways

Sec. 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.  Bridges, culverts, or siphons shall be constructed at all road and highway crossings as necessary to prevent any impairment of the uses of the road or highway.  Approval of the construction plans and specifications shall be obtained from the owner of the road or highway prior to the installation of conveyance facilities.(b)  If any public road, highway, or public bridge is located on the ground necessary for a damsite, reservoir, or lake, the commissioners court shall change the road and remove the bridge so that it does not interfere with the construction of the proposed dam, reservoir, or lake.  The party desiring to construct the dam, reservoir, or lake shall pay the expense of moving the bridge or roadway.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 939, ch. 353, Sec. 1, eff. Aug. 31, 1981.|
TX Water Code § 11.045 (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 11.045. Ditches and Canals

Sec. 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. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.046 (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 11.046. Return Surplus Water

Sec. 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 to the watercourse or stream from which it was taken if the water can be returned by gravity flow and it is reasonably practicable to do so.(b)  In granting an application for a water right, the commission may include conditions in the water right providing for the return of surplus water, in a specific amount or percentage of water diverted, and the return point on a watercourse or stream as necessary to protect senior downstream permits, certified filings, or certificates of adjudication or to provide flows for instream uses or bays and estuaries.(c)  Except as specifically provided otherwise in the water right, water appropriated under a permit, certified filing, or certificate of adjudication may, prior to its release into a watercourse or stream, be beneficially used and reused by the holder of a permit, certified filing, or certificate of adjudication for the purposes and locations of use provided in the permit, certified filing, or certificate of adjudication.  Once water has been diverted under a permit, certified filing, or certificate of adjudication and then returned to a watercourse or stream, however, it is considered surplus water and therefore subject to reservation for instream uses or beneficial inflows or to appropriation by others unless expressly provided otherwise in the permit, certified filing, or certificate of adjudication.(d)  Water appropriated under a permit, certified filing, or certificate of adjudication which is recirculated within a reservoir for cooling purposes shall not be considered to be surplus for purposes of this chapter.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.07, eff. Sept. 1, 1997.|
TX Water Code § 11.047 (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 11.047. Failure to Fence

Sec. 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 not keep it securely fenced, there is no cause of action against the owner of livestock that trespass.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.048 (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 11.048. Cost of Maintaining Irrigation Ditch

Sec. 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 interest in the ditch shall pay his proportionate share of the cost of operating and maintaining the ditch.(b)  If a person who owns a joint interest in a ditch refuses to do or to pay for his proportionate share of the work that is reasonably necessary for the proper maintenance and operation of the ditch, the other owners may, after giving him 10 days written notice, proceed themselves to do his share of the necessary work and recover from him the reasonable expense or value of the work or labor performed.  The action for the cost of the work may be brought in any court having jurisdiction over the amount in controversy.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.049 (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 11.049. Examination and Survey

Sec. 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 for any of the purposes authorized by this chapter, and for this purpose a person may enter the land or water of any other person.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.050 (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 11.050. Tidewater Gates, Etc

Sec. 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 construct gates or breakwaters, dams, or dikes with gates, in waters wholly in this state, as necessary to prevent pollution of the fresh water of any river, bayou, or stream due to the ebb and flow of the tides of the Gulf of Mexico.(b)  The work shall be done in such a manner that navigation of vessels on the stream is not obstructed, and where any gate is used, the appropriator shall at all times keep a competent person at the gate to allow free navigation.(c)  A dam, dike, or breakwater constructed under this section may not be placed at any point except where Gulf tides ebb and flow and may not be constructed so as to obstruct the flow of fresh water to any appropriator or riparian owner downstream.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.051 (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 11.051. Irrigation: Lien on Crops

Sec. 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 to any person for irrigation, with or without a contract, has a preference lien superior to every other lien on the irrigated crops.  However, when any irrigation district or conservation and reclamation district obtains a water supply under contract with the United States, the board of directors of the district, by resolution entered in its minutes, with the consent of the secretary of the interior, may waive the preference lien in whole or in part.(b)  To enforce the lien, the lienholder has all the rights and remedies prescribed by Articles 5222 through 5239, Revised Civil Statutes of Texas, 1925.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|Sec. 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 federal reclamation act, as amended (43 U.S.C. Section 371 et seq.).|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.053 (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 11.053. Emergency Order Concerning Water Rights

Sec. 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 with the priority of water rights established by Section 11.027:(1)  temporarily suspend the right of any person who holds a water right to use the water; and(2)  temporarily adjust the diversions of water by water rights holders.(b)  The executive director in ordering a suspension or adjustment under this section shall ensure that an action taken:(1)  maximizes the beneficial use of water;(2)  minimizes the impact on water rights holders;(3)  prevents the waste of water;(4)  takes into consideration the efforts of the affected water rights holders to develop and implement the water conservation plans and drought contingency plans required by this chapter;(5)  to the greatest extent practicable, conforms to the order of preferences established by Section 11.024; and(6)  does not require the release of water that, at the time the order is issued, is lawfully stored in a reservoir under water rights associated with that reservoir.(c)  The commission shall adopt rules to implement this section, including rules:(1)  defining a drought or other emergency shortage of water for purposes of this section; and(2)  specifying the:(A)  conditions under which the executive director may issue an order under this section;(B)  terms of an order issued under this section, including the maximum duration of a temporary suspension or adjustment under this section; and(C)  procedures for notice of, an opportunity for a hearing on, and the appeal to the commission of an order issued under this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.03, eff. September 1, 2011.|
TX Water Code § 11.081 (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 11.081. Unlawful Use of State Water

Sec. 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 by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 3, eff. Sept. 1, 1997.|
TX Water Code § 11.082 (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 11.082. Unlawful Use: Civil Penalty

Sec. 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 civil penalty of not more than $5,000 for each day he continues the taking, diversion, or appropriation.(a-1)  Notwithstanding Section 18.002, this section does not apply to a violation of:(1)  Section 18.003 or a permit issued under that section; or(2)  Section 18.004 or an authorization granted under that section.(b)  The state may recover the penalties prescribed in Subsection (a) by suit brought for that purpose in a court of competent jurisdiction.  The state may seek those penalties regardless of whether a watermaster has been appointed for the water division, river basin, or segment of a river basin where the unlawful use is alleged to have occurred.(c)  An action to collect the penalty provided in this section must be brought within two years from the date of the alleged violation.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1997, 75th Leg., ch. 1010, Sec. 3.01, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.08, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.08, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 6, eff. June 17, 2015.|
TX Water Code § 11.083 (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 11.083. Other Unlawful Taking

Sec. 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 water or conduct water through his ditch or upon his land unless he is entitled to do so.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 4, eff. Sept. 1, 1997.|
TX Water Code § 11.084 (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 11.084. Sale of Permanent Water Right Without a Permit

Sec. 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 filing, or unless he has obtained a permit from the commission, authorizing the use of the water for the purposes for which the permanent water right is conveyed.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 5, eff. Sept. 1, 1997.|
TX Water Code § 11.0841 (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 11.0841. Civil Remedy

Sec. 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 common-law remedy to enforce a right or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.(b)  A district court may award the costs of litigation, including reasonable attorney fees and expert costs, to any political subdivision of the state, private corporation, or individual that is a water right holder and that prevails in a suit for injunctive relief to redress an unauthorized diversion, impoundment, or use of surface water in violation of this chapter or a rule adopted pursuant to this chapter.(c)  For purposes of this section, the Parks and Wildlife Department has:(1)  the rights of a holder of a water right that is held in the Texas Water Trust, including the right to file suit in a civil court to prevent the unlawful use of such a right;(2)  the right to act in the same manner that a holder of a water right may act to protect the holder's rights in seeking to prevent any person from appropriating water in violation of a set-aside established by the commission under Section 11.1471 to meet instream flow needs or freshwater inflow needs; and(3)  the right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.09, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.09, eff. September 1, 2007.|
TX Water Code § 11.0843 (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 11.0843. Field Citation

Sec. 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 a person designated by the executive director, including a watermaster or the watermaster's deputy, may issue the alleged violator a field citation alleging that a violation has occurred and providing the alleged violator the option of either:(1)  without admitting to or denying the alleged violation, paying an administrative penalty in accordance with the predetermined penalty amount established under Subsection (b) and taking remedial action as provided in the citation; or(2)  requesting a hearing on the alleged violation in accordance with Section 11.0842.(b)  By rule the commission shall establish penalty amounts corresponding to types of violations of this chapter or rules or orders adopted or water rights issued under this chapter.(c)  A penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.11, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.11, eff. September 1, 2007.|