reglab/housing_qa huggingface dataset:
TX Water Code § 11.306 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.306. Notice of Adjudication

Sec. 11.306.  NOTICE OF ADJUDICATION.  (a)  The commission shall prepare a notice of adjudication which describes the stream or segment to be adjudicated and the date by which all claims of water rights in the stream or segment shall be filed with the commission.  The date shall not be less than 90 days after the date the notice is issued.(b)  The notice shall be published once a week for two consecutive weeks in one or more newspapers having general circulation in the counties in which the stream or segment is located.(c)  The notice shall also be sent by first-class mail to each claimant of water rights whose diversion is within the stream or segment to be adjudicated, to the extent that the claimants can reasonably be ascertained from the records of the commission.|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. 4, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.023, eff. Sept. 1, 1985.|
TX Water Code § 11.307 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.307. Filing of Sworn Claims

Sec. 11.307.  FILING OF SWORN CLAIMS.  (a)  Every person claiming a water right of any nature, except for domestic or livestock purposes, from the stream or segment under adjudication shall file a sworn claim with the commission within the time prescribed in the notice of adjudication, including any extensions of the prescribed time, setting forth:(1)  the name and post-office address of the claimant;(2)  the location and nature of the right claimed, including a description of any permit or certified filing under which the claim is made;(3)  the purpose of the use;(4)  a description of works and irrigated land;  and(5)  all other information necessary to show the nature and extent of the claim.(b)  The commission shall prescribe forms for claims, but use of the commission forms is not mandatory.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.024, eff. Sept. 1, 1985.|
TX Water Code § 11.308 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.308. Hearings on Claims; Notice

Sec. 11.308.  HEARINGS ON CLAIMS;  NOTICE.  The commission shall set a time and a place for hearing all claims.  Not less than 30 days before commencement of the hearings, the commission shall give notice of the hearings by certified mail to all persons who have filed claims in accordance with Section 11.307 of this code, or this notice may be included in the notice of adjudication provided in Section 11.306 of this code.  The hearings shall be conducted as provided in Section 11.337 of this code.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.309 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.309. Preliminary Determination of Claims

Sec. 11.309.  PRELIMINARY DETERMINATION OF CLAIMS.  (a)  On completion of the hearings, the commission shall make a preliminary determination of the claims to water rights under adjudication.(b)  One copy of the preliminary determination shall be furnished without charge to each person who filed a claim in accordance with Section 11.307 of this code.  Additional copies of the preliminary determination shall be made available for public inspection at convenient locations throughout the river basin, as designated by the commission.  Copies shall also be made available to other interested persons at a reasonable price, based on the cost of reproduction.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.310 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.310. Evidence Open to Inspection

Sec. 11.310.  EVIDENCE OPEN TO INSPECTION.  All evidence presented to or considered by the commission shall be open to public inspection for a period of not less than 60 days, as fixed by the commission, after the notice prescribed in Section 11.312 of this code is issued.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.311 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.311. Date for Filing Contests

Sec. 11.311.  DATE FOR FILING CONTESTS.  The commission shall set a date for filing contests on the preliminary determination, which date shall not be less than 30 days after the period for public inspection of the evidence has closed.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.312 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.312. Notice of Preliminary Determination; Copies

Sec. 11.312.  NOTICE OF PRELIMINARY DETERMINATION;  COPIES.  (a)  Promptly after the preliminary determination is made as provided in Section 11.309 of this code, the commission shall publish notice of the determination once a week for two consecutive weeks in one or more newspapers having general circulation in the river basin in which the stream or segment that is the subject of the adjudication is located.(b)  The commission shall also send notice by first-class mail to each claimant of water rights within the river basin in which the stream or segment is located, to the extent that the claimants can be reasonably ascertained from the records of the commission.(c)  Each notice shall state:(1)  the place and the period of time that the preliminary determination and evidence presented to or considered by the commission will be open for public inspection;(2)  the locations throughout the river basin where copies of the preliminary determination will be available for public inspection;(3)  the method of ordering copies of the preliminary determination and the charge for copies;(4)  the date by which contests on the preliminary determination must be filed.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.025, eff. Sept. 1, 1985.|
TX Water Code § 11.313 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.313. Filing Contests

Sec. 11.313.  FILING CONTESTS.  (a)  Any water right claimant affected by the preliminary determination, including any claimant to water rights within the river basin but outside the stream or segment under adjudication, who disputes the preliminary determination may within the time for filing contests prescribed by the commission in the notice, including any extension of the time, file a written contest with the commission, stating with reasonable certainty the grounds of his contest.(b)  The statement filed to contest a preliminary determination must be verified by an affidavit of the contestant, his agent, or his attorney.(c)  If the contest is directed against the preliminary determination of the water rights of other claimants, a copy shall be served on each of these claimants or his attorney by certified mail, and proof of service shall be filed with the commission.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.314 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.314. Hearing on Contest; Notice

Sec. 11.314.  HEARING ON CONTEST;  NOTICE.  After the time for filing contests has expired, the commission shall prepare a notice setting forth the part of the preliminary determination to which each contest is directed and the time and place of a hearing on the contest.  The notice shall be sent to each claimant of water rights within the river basin in which the stream or segment is located, to the extent that the claimants can be reasonably ascertained from the records of the commission.  The hearing shall be conducted as provided in Section 11.337 of this code.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.026, eff. Sept. 1, 1985.|
TX Water Code § 11.315 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.315. Final Determination

Sec. 11.315.  FINAL DETERMINATION.  On completion of the hearings on all contests, the commission shall make a final determination of the claims to water rights under adjudication.  The commission shall send a copy of the final determination and any modification of the final determination to each claimant whose rights are adjudicated and to each contesting party.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.316 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.316. Application for Rehearing

Sec. 11.316.  APPLICATION FOR REHEARING.  Within 30 days from the date of the final determination, any affected party may apply to the commission for a rehearing.  Applications for rehearing which in the opinion of the commission are without merit may be denied without notice to other parties, but no application for rehearing shall be granted without notice to each claimant whose rights are adjudicated and to each contesting party.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.317 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.317. Filing Final Determination With District Court

Sec. 11.317.  FILING FINAL DETERMINATION WITH DISTRICT COURT.  (a)  As soon as practicable after the disposition of all applications for rehearing, the commission shall file a certified copy of the final determination, together with all evidence presented to or considered by the commission, in a district court of any county in which the stream or segment under adjudication is located.  However, if the stream or segment under adjudication includes all or parts of three or more counties and if 10 or more affected persons who appeared in the proceedings petition the commission to do so, the commission shall file the action in a convenient district court of a judicial district which is not within the river basin of the stream or segment under adjudication.(b)  The commission shall obtain an order from the court fixing a time not less than 30 days from the date of the order for the filing of exceptions to the final determination and also fixing a time not less than 60 days from the date of the order for the commencement of hearings on exceptions.(c)  The commission shall immediately give written notice of the court order by certified mail to all parties who appeared in the proceedings before the commission.  The commission shall file proof of the service with the court.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.318 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.318. Exceptions to Final Determination

Sec. 11.318.  EXCEPTIONS TO FINAL DETERMINATION.  (a)  Any affected person who appeared in the proceeding before the commission may file exceptions to the final determination.  An exception must state with a reasonable degree of certainty the grounds for the exception and must specify the particular paragraphs and pages of the determination to which the exception is taken.(b)  Three copies of the exceptions shall be filed in court, and a copy shall be served on the commission.  The commission shall make copies of all exceptions available at a reasonable price, based on the cost of reproduction.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.319 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.319. Hearings on Exceptions

Sec. 11.319.  HEARINGS ON EXCEPTIONS.  (a)  The court shall hear any exceptions that have been filed.  The commission and all affected persons who appeared in the proceedings before the commission are entitled to appear and be heard on the exceptions.  The court may permit other parties in interest to appear and be heard for good cause shown.(b)  The court may conduct nonjury hearings and proceedings at any convenient location within the state.  Actual expenses incurred by the court outside its judicial district shall be taxed as costs.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.320 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.320. Scope of Judicial Review

Sec. 11.320.  SCOPE OF JUDICIAL REVIEW.  (a)  In passing on exceptions, the court shall determine all issues of law and fact independently of the commission's determination.  The substantial evidence rule shall not be used.  The court shall not consider any exception which was not brought to the commission's attention by application for rehearing.  The court shall not consider any issue of fact raised by an exception unless the record of evidence before the commission reveals that the question was genuinely in issue before the commission.(b)  A party in interest may demand a jury trial of any issue of fact, but the court may in its discretion have a separate trial with a separate jury of any such issue.(c)  The legislature declares that the provisions of this section are not severable from the remainder of this subchapter and that this subchapter would not have been passed without the inclusion of this section.  If this section is for any reason held invalid, unconstitutional, or inoperative in any way, the holding applies to the entire subchapter so that the entire subchapter is null and void.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.321 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.321. Evidence

Sec. 11.321.  EVIDENCE.  Any exception heard by the court without a jury may be resolved on the record of evidence before the commission, or the court may take additional evidence or direct that additional evidence be heard by the commission.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.322 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.322. Final Decree

Sec. 11.322.  FINAL DECREE.  (a)  After the final hearing, the court shall enter a decree affirming or modifying the order of the commission.(b)  The court may assess the costs as it deems just.(c)  An appeal may be taken from the decree of the court in the same manner and with the same effect as in other civil cases.(d)  The final decree in every water right adjudication is final and conclusive as to all existing and prior rights and claims to the water rights in the adjudicated stream or segment of a stream.  The decree is binding on all claimants to water rights outside the adjudicated stream or segment of a stream.(e)  Except for domestic and livestock purposes or rights subsequently acquired by permit, a water right is not recognized in the adjudicated stream or segment of a stream unless the right is included in the final decree of the court.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.323 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.323. Certificate of Adjudication

Sec. 11.323.  CERTIFICATE OF ADJUDICATION.  (a)  When a final determination of the rights to the waters of a stream has been made in accordance with the procedure provided in this subchapter and the time for a rehearing has expired, the commission shall issue to each person adjudicated a water right a certificate of adjudication, signed by the presiding officer of the commission and bearing the seal of the commission.(b)  In the certificate, the commission shall include:(1)  a reference to the final decree;(2)  the name and post-office address of the holder of the adjudicated right;(3)  the priority, extent, and purpose of the adjudicated right and, if the right is for irrigation, a description of the irrigated land;  and(4)  all other information in the decree relating to the adjudicated right.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 965, Sec. 16.02, eff. Sept. 1, 2001.|
TX Water Code § 11.324 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.324. Recordation of Certificate

Sec. 11.324.  RECORDATION OF CERTIFICATE.  (a)  The commission shall transmit the certificate of adjudication or a true copy to the county clerk of each county in which the appropriation is made.(b)  On receipt of the recording fee from the holder of the certificate, the county clerk shall file and record the certificate in a well-bound book provided and kept for that purpose only.  The clerk shall index the certificate alphabetically under the name of the holder of the certificate of adjudication and under the name of the stream or source of water supply.(c)  When a certificate of adjudication is filed and recorded as provided in this section, the county clerk shall deliver the certificate on demand to the holder.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.325 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.325. Water Divisions

Sec. 11.325.  WATER DIVISIONS.  The commission shall divide the state into water divisions for the purpose of administering adjudicated water rights.  Water divisions may be created from time to time as the necessity arises.  The divisions shall be constituted to secure the best protection to the holders of water rights and the most economical supervision on the part of the state.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.027, eff. Sept. 1, 1985.|
TX Water Code § 11.326 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.326. Appointment of Watermaster

Sec. 11.326.  APPOINTMENT OF WATERMASTER.  (a)  The executive director may appoint one watermaster for each water division.(b)  A watermaster holds office until a successor is appointed.  The executive director may remove a watermaster at any time.(c)  The executive director may employ assistant watermasters and other employees necessary to aid a watermaster in the discharge of his duties.(d)  In a water division in which the office of watermaster is vacant, the executive director has the powers of a watermaster.(e)  The executive director shall supervise and generally direct the watermaster in the performance of his duties as defined in Section 11.327.  A watermaster is responsible to the executive director for the proper performance of his duties.(f)  A person dissatisfied with any action of a watermaster may apply to the executive director for relief.(g)  For a water basin in which a watermaster is not appointed, the executive director shall:(1)  evaluate the water basin at least once every five years to determine whether a watermaster should be appointed; and(2)  report the findings and make recommendations to the commission.(h)  The commission shall:(1)  determine the criteria or risk factors to be considered in an evaluation under Subsection (g); and(2)  include the findings and recommendations under Subsection (g) in the commission's biennial report to the legislature.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 696, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.05, eff. September 1, 2011.|
TX Water Code § 11.3261 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter G. Water Rights Adjudication Act|Section 11.3261. Watermaster Advisory Committee

Sec. 11.3261.  WATERMASTER ADVISORY COMMITTEE.  (a)  The executive director shall establish a watermaster advisory committee consisting of a minimum of nine members, but no more than 15 members, who are holders of water rights or representatives of holders of water rights in the water division of a watermaster.  In appointing members of the advisory committee the executive director shall consider geographic representation, amount of water rights held, different types of holders of water rights and users such as water districts, municipal suppliers, irrigators, and industrial users, and experience and knowledge in water management practices.(b)  An advisory committee member is not entitled to reimbursement of expenses incurred or to compensation.(c)  An advisory committee member shall serve a term of two years from the date of initial appointment by the executive director and hold office until a successor is appointed.(d)  The advisory committee shall meet within 30 days following initial appointment by the executive director and elect a presiding officer who shall serve on an annual basis.  Following the first meeting, the committee shall meet regularly as necessary.(e)  The advisory committee's duties include:(1)  providing recommendations to the executive director regarding activities of benefit to the holders of water rights in the administration and distribution of water to holders of water rights;(2)  review and comment to the executive director on the annual budget of the watermaster operations;  and(3)  other duties as may be requested by the executive director with regard to the watermaster operations or as requested by holders of water rights in a water division which the committee deems of benefit to the administration of water rights in water divisions.|Added by Acts 1997, 75th Leg., ch. 696, Sec. 2, eff. Sept. 1, 1997.|