reglab/housing_qa huggingface dataset:
TX Water Code § 11.142 (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 11.142. Permit Exemptions

Sec. 11.142.  PERMIT EXEMPTIONS.  (a)  Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than 200 acre-feet of water for domestic and livestock purposes.  A person who temporarily stores more than 200 acre-feet of water in a dam or reservoir described by this subsection is not required to obtain a permit for the dam or reservoir if the person can demonstrate that the person has not stored in the dam or reservoir more than 200 acre-feet of water on average in any 12-month period.  This exemption does not apply to a commercial operation. Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.09 (b)  Without obtaining a permit, a person may construct on the person's property a dam or reservoir with normal storage of not more than 200 acre-feet of water for fish and wildlife purposes if the property on which the dam or reservoir will be constructed is qualified open-space land, as defined by Section 23.51, Tax Code.  This exemption does not apply to a commercial operation. Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 1427, Sec. 1 (b)  Without obtaining a permit, a person may construct on the person's property in an unincorporated area a dam or reservoir with normal storage of not more than 200 acre-feet of water for commercial or noncommercial wildlife management, including fishing, but not including fish farming.(c)  Without obtaining a permit, a person who is drilling and producing petroleum and conducting operations associated with drilling and producing petroleum may take for those purposes state water from the Gulf of Mexico and adjacent bays and arms of the Gulf of Mexico in an amount not to exceed one acre-foot during each 24-hour period.(d)  Without obtaining a permit, a person may construct or maintain a reservoir as part of a surface coal mining operation under Chapter 134, Natural Resources Code, if the water in the reservoir is used solely for:(1)  sediment control; or(2)  compliance with applicable laws, rules, or regulations relating to fire or dust suppression.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 718, Sec. 1, eff. June 14, 1985;  Acts 1995, 74th Leg., ch. 335, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.11, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.09, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 63 (S.B. 1711), Sec. 1, eff. May 19, 2009.|
TX Water Code § 11.1421 (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 11.1421. Permit Exemption for Mariculture Activities

Sec. 11.1421.  PERMIT EXEMPTION FOR MARICULTURE ACTIVITIES.  (a)  In this section, "mariculture" means the propagation and rearing of aquatic species, including shrimp, other crustaceans, finfish, mollusks, and other similar creatures in a controlled environment using brackish or marine water.(b)  Without obtaining a permit and subject to the requirements and limitations provided by Subsections (c) through (e) of this section, a person who is engaged in mariculture operations on land may take for that purpose state water from the Gulf of Mexico and adjacent bays and arms of the Gulf of Mexico in an amount appropriate to those mariculture activities.(c)  Before a person first takes water under Subsection (b) of this section, the person must give notice to the commission of the proposed appropriation.(d)  Each appropriation of water made under Subsection (b) of this section shall be reported to the commission in the manner provided by the commission's rules.(e)  After notice and hearing, if the commission determines that as a result of low freshwater inflows appropriation of water under Subsection (b) of this section would interfere with natural productivity of bays and estuaries, the commission shall issue an order requiring interruption or reduction of the appropriation.|Added by Acts 1987, 70th Leg., ch. 544, Sec. 2, eff. Aug. 31, 1987.|
TX Water Code § 11.1422 (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 11.1422. Permit Exemption for Historic Cemeteries

Sec. 11.1422.  PERMIT EXEMPTION FOR HISTORIC CEMETERIES.  (a)  Without obtaining a permit, a tax-exempt nonprofit corporation that owns a cemetery may divert from a river not more than 200 acre-feet of water each year to irrigate the grounds of the cemetery if the cemetery:(1)  borders the river;  and(2)  is more than 100 years old.(b)  The executive director or a watermaster who has jurisdiction over the river from which a cemetery diverts water under this section by order may restrict a diversion authorized by this section if the executive director or watermaster determines the diversion will harm a person downstream of the cemetery who acquired a water right before the date this section took effect.  The executive director or watermaster shall limit the restriction to the extent of the harm and to the period of the harm.|Added by Acts 1995, 74th Leg., ch. 183, Sec. 2, eff. May 23, 1995.|
TX Water Code § 11.144 (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 11.144. Approval for Alterations

Sec. 11.144.  APPROVAL FOR ALTERATIONS.  All holders of permits and certified filings shall obtain the approval of the commission before making any alterations, enlargements, extensions, or other changes to any reservoir, dam, main canal, or diversion work on which a permit has been granted or a certified filing recorded.  A detailed statement and plans for alterations or changes shall be filed with the commission and approved by the executive director before the alterations or changes are made.  This section does not apply to the ordinary maintenance or emergency repair of the facility.|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 1985, 69th Leg., ch. 795, Sec. 1.015, eff. Sept. 1, 1985.|
TX Water Code § 11.145 (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 11.145. When Construction Must Begin

Sec. 11.145.  WHEN CONSTRUCTION MUST BEGIN.  (a)  If a permit is for appropriation by direct diversion, construction of the proposed facilities shall begin within the time fixed by the commission, which shall not exceed two years after the date the permit is issued.  The appropriator shall work diligently and continuously to the completion of the construction.  The commission may, by entering an order of record, extend the time for beginning construction.  The commission may establish fees, not to exceed $1,000, for extending the time to begin construction of the proposed facilities.(b)  If the permit contemplates construction of a storage reservoir, construction shall begin within the time fixed by the commission, not to exceed two years after the date the permit is issued.  The commission, by entering an order of record, may extend the time for beginning construction.  The commission may fix fees, not to exceed $1,000, for extending the time to begin construction of reservoirs.|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. 3, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.015, eff. Sept. 1, 1985.|
TX Water Code § 11.146 (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 11.146. Forfeitures and Cancellation of Permit for Inaction

Sec. 11.146.  FORFEITURES AND CANCELLATION OF PERMIT FOR INACTION.  (a)  If a permittee fails to begin construction within the time specified in Section 11.145 of this code, he forfeits all rights to the permit, subject to notice and hearing as prescribed by this section.(b)  After beginning construction if the appropriator fails to work diligently and continuously to the completion of the work, the appropriation is subject to cancellation in whole or part, subject to notice and hearing as prescribed by this section.(c)  If the commission believes that an appropriation or permit should be declared forfeited under this section or any other sections of this code, it should give the appropriator or permittee 30 days notice and provide him with an opportunity to be heard.(d)  After the hearing, the commission by entering an order of record may cancel the appropriation in whole or part.  The commission shall immediately transmit a certified copy of the cancellation order by certified mail to the county clerk of the county in which the permit is recorded.  The county clerk shall record the cancellation order.(e)  Except as provided by Section 11.1381 of this code, if a permit has been issued for the use of water, the water is not subject to a new appropriation until the permit has been cancelled in whole or part as provided by this section.(f)  Except as provided by Subchapter E of this chapter, none of the provisions of this code may be construed as intended to impair, cause, or authorize or may impair, cause, or authorize the forfeiture of any rights acquired by any declaration of appropriation or by any permit if the appropriator has begun or begins the work and development contemplated by his declaration of appropriation or permit within the time provided by the law under which the declaration of appropriation was made or the permit was granted and has prosecuted or continues to prosecute it with all reasonable diligence toward completion.(g)  This section does not apply to a permit for construction of a reservoir designed for the storage of more than 50,000 acre-feet of water.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 405, Sec. 2, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 966, Sec. 2.10, eff. Sept. 1, 2001.|
TX Water Code § 11.148 (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 11.148. Emergency Suspension of Permit Conditions and Emergency Authority to Make Available Water Set Aside for Environmental Flows

Sec. 11.148.  EMERGENCY SUSPENSION OF PERMIT CONDITIONS AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR ENVIRONMENTAL FLOWS.  (a)  Permit conditions relating to beneficial inflows to affected bays and estuaries and instream uses may be suspended by the commission if the commission finds that an emergency exists and cannot practically be resolved in other ways.(a-1)  State water that is set aside by the commission to meet the needs for freshwater inflows to affected bays and estuaries and instream uses under Section 11.1471(a)(2) may be made available temporarily for other essential beneficial uses if the commission finds that an emergency exists that cannot practically be resolved in another way.(b)  Before the commission suspends a permit condition under Subsection (a) or makes water available temporarily under Subsection (a-1), it must give written notice to the Parks and Wildlife Department of the proposed action.  The commission shall give the Parks and Wildlife Department an opportunity to submit comments on the proposed action within 72 hours from such time and the commission shall consider those comments before issuing its order implementing the proposed action.(c)  The commission may suspend the permit condition under Subsection (a) or make water available temporarily under Subsection (a-1) without notice to any other interested party other than the Parks and Wildlife Department as provided by Subsection (b).  However, all affected persons shall be notified immediately by publication, and a hearing to determine whether the suspension should be continued shall be held within 15 days of the date on which the order to suspend is issued.|Added by Acts 1985, 69th Leg., ch. 133, Sec. 4.02.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.15, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.16, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.15, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.16, eff. September 1, 2007.|
TX Water Code § 11.1491 (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 11.1491. Evaluation of Bays and Estuaries Data

Sec. 11.1491.  EVALUATION OF BAYS AND ESTUARIES DATA.  (a)  The Parks and Wildlife Department and the commission shall have joint responsibility to review the studies prepared under Section 16.058, to determine inflow conditions necessary for the bays and estuaries, and to provide information necessary for water resources management.  Each agency shall designate an employee to share equally in the oversight of the program.  Other responsibilities shall be divided between the Parks and Wildlife Department and the commission to maximize present in-house capabilities of personnel and to minimize costs to the state.  Each agency shall have reasonable access to all information produced by the other agency.  Publication of reports completed under this section shall be submitted for comment to the commission, the Parks and Wildlife Department, the advisory group, the science advisory committee, and any applicable basin and bay area stakeholders committee and basin and bay expert science team.(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1351, Sec. 1.25, eff. September 1, 2007.(c)  The board may authorize the use of money from the research and planning fund established by Chapter 15 of this code to accomplish the purposes of this section.  These funds shall be used by the commission in cooperation with the Parks and Wildlife Department for interagency contracts with cooperating agencies and universities, and contracts with private sector establishments, as necessary, to accomplish the purposes of this section.|Added by Acts 1985, 69th Leg., ch. 133, Sec. 4.02.  Renumbered from Sec. 11.149 and amended by Acts 1987, 70th Leg., ch. 419, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.17, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.25, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.17, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.25, eff. September 1, 2007.|
TX Water Code § 11.150 (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 11.150. Effects of Permits on Water Quality

Sec. 11.150.  EFFECTS OF PERMITS ON WATER QUALITY.  In consideration of an application for a permit under this subchapter, the commission shall assess the effects, if any, of the issuance of the permit on water quality in this state.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.001, eff. Sept. 1, 1985.|
TX Water Code § 11.1501 (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 11.1501. Consideration and Revision of Plans

Sec. 11.1501.  CONSIDERATION AND REVISION OF PLANS.  In considering an application for a permit to store, take, or divert surface water, or for an amendment to a permit, certified filing, or certificate of adjudication, the commission shall consider the state water plan and any approved regional water plan for the area or areas in which the water is proposed to be stored, diverted, or used.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.02, eff. Sept. 1, 1997.|
TX Water Code § 11.151 (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 11.151. Effects of Permits on Groundwater

Sec. 11.151.  EFFECTS OF PERMITS ON GROUNDWATER.  In considering an application for a permit to store, take, or divert surface water, the commission shall consider the effects, if any, on groundwater or groundwater recharge.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.02, eff. Sept. 1, 1997.|
TX Water Code § 11.152 (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 11.152. Assessment of Effects of Permits on Fish and Wildlife Habitats

Sec. 11.152.  ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND WILDLIFE HABITATS.  In its consideration of an application for a permit to store, take, or divert water in excess of 5,000 acre feet per year, the commission shall assess the effects, if any, on the issuance of the permit on fish and wildlife habitats and may require the applicant to take reasonable actions to mitigate adverse impacts on such habitat.  In determining whether to require an applicant to mitigate adverse impacts on a habitat, the commission may consider any net benefit to the habitat produced by the project.  The commission shall offset against any mitigation required by the U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts 320-330 any mitigation authorized by this section.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.001, eff. Sept. 1, 1985.  Renumbered from Sec. 11.149 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(56), eff. Sept. 1, 1987.Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.002, eff. September 1, 2009.|
TX Water Code § 11.153 (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 11.153. Projects for Storage of Appropriated Water in Aquifers

Sec. 11.153.  PROJECTS FOR STORAGE OF APPROPRIATED WATER IN AQUIFERS.  (a)  In this section, "aquifer storage and recovery project" has the meaning assigned by Section 27.151.(b)  A water right holder or a person who has contracted for the use of water under a contract that does not prohibit the use of the water in an aquifer storage and recovery project may undertake an aquifer storage and recovery project without obtaining any additional authorization under this chapter for the project.  A person described by this subsection undertaking an aquifer storage and recovery project must:(1)  obtain any required authorizations under Subchapter G, Chapter 27, and Subchapter N, Chapter 36; and(2)  comply with the terms of the applicable water right.(c)  This section does not preclude the commission from considering an aquifer storage and recovery project to be a component of a project permitted under this chapter that is not required to be based on the continuous availability of historic, normal stream flow.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 505 , Sec. 5(1), eff. June 16, 2015.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 505 , Sec. 5(1), eff. June 16, 2015.|Added by Acts 1995, 74th Leg., ch. 309, Sec. 2, eff. June 5, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.03, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 1, eff. June 16, 2015.Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 5(1), eff. June 16, 2015.|
TX Water Code § 11.155 (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 11.155. Aquifer Storage and Recovery and Aquifer Recharge Reports

Sec. 11.155.  AQUIFER STORAGE AND RECOVERY AND AQUIFER RECHARGE REPORTS.  (a)  In this section:(1)  "Aquifer recharge project" means a project involving the intentional recharge of an aquifer by means of an injection well authorized under Chapter 27 or other means of infiltration, including actions designed to:(A)  reduce declines in the water level of the aquifer;(B)  supplement the quantity of groundwater available;(C)  improve water quality in an aquifer;(D)  improve spring flows and other interactions between groundwater and surface water; or(E)  mitigate subsidence.(2)  "Aquifer storage and recovery project" has the meaning assigned by Section 27.151.(b)  The board shall make studies, investigations, and surveys of the aquifers in the state to determine the occurrence, quantity, quality, and availability of aquifers in which aquifer storage and recovery projects or aquifer recharge projects are feasible.(c)  The board, working with appropriate interested persons, including river authorities and major water providers and water utilities, regional water planning groups, groundwater conservation districts, and potential public sponsors of aquifer storage and recovery projects or aquifer recharge projects, shall:(1)  conduct studies of aquifer storage and recovery projects and aquifer recharge projects identified in the state water plan or by interested persons; and(2)  report the results of each study conducted under Subdivision (1) to regional water planning groups and interested persons.|Added by Acts 1995, 74th Leg., ch. 309, Sec. 2, eff. June 5, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.05, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1057, Sec. 9, eff. June 20, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 2, eff. June 16, 2015.Acts 2019, 86th Leg., R.S., Ch. 1043 (H.B. 721), Sec. 1, eff. June 14, 2019.|