reglab/housing_qa huggingface dataset:
TX Water Code § 11.157 (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 11.157. Water for Use as Aquifer Recharge or in an Aquifer Storage and Recovery Project

Sec. 11.157.  WATER FOR USE AS AQUIFER RECHARGE OR IN AN AQUIFER STORAGE AND RECOVERY PROJECT.  (a)  Unappropriated water, including storm water and floodwater, may be appropriated for recharge into an aquifer underlying this state, including an aquifer recharge project as defined by Section 27.201.  Water appropriated for diversion and a beneficial use may be stored in an aquifer storage and recovery project, as defined by Section 27.151, before the water is recovered for that beneficial use.(b)  The commission may authorize the appropriation of water under Subsection (a) if the commission determines that:(1)  the water is not needed under Section 11.147 or 11.1471(a)(2), as applicable, to meet downstream instream flow needs or freshwater inflow needs;(2)  the appropriation will accomplish a purpose established by Section 11.023; and(3)  the application for the water right or amendment to the water right complies with Subsection (c).(c)  A water right or an amendment to a water right authorizing a new appropriation of water for use under Subsection (a):(1)  must comply with the requirements of Section 11.134;(2)  must include any special conditions the commission considers necessary to implement this section; and(3)  may be for water that is not continuously available.(d)  Before approving an application for a water right or an amendment to a water right for a new appropriation of water in the Rio Grande basin under this section, the commission shall consider the water accounting requirements for any international water sharing treaty, minutes, and agreement applicable to the Rio Grande basin and the effect of the project on the allocation of water by the Rio Grande watermaster in the middle and lower Rio Grande.  The commission may not authorize a new appropriation of water that would result in a violation of a treaty or court decision.(e)  An application for a water right or an amendment to a water right under this section is subject to the motion and hearing requirements of this subchapter.(f)  Not later than the 180th day after the date the commission determines that a water right or an amendment to a water right under this section is administratively complete, the commission shall complete a technical review of the application.(g)  The commission shall adopt rules providing for the considerations for determining the frequency that the water must be available before it may be appropriated.|Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 2, eff. June 10, 2019.|
TX Water Code § 11.171 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.171. Definitions

Sec. 11.171.  DEFINITIONS.  As used in this subchapter:(1)  "Other interested person" means any person other than a record holder who is interested in the permit or certified filing or any person whose direct interest would be served by the cancellation of the permit or certified filing in whole or part.(2)  "Certified filing" means a declaration of appropriation or affidavit that was filed with the State Board of Water Engineers under the provisions of Section 14, Chapter 171, General Laws, Acts of the 33rd Legislature, 1913, as amended.(3)  "Certificate of adjudication" means a certificate issued by the commission under Section 11.323 of this code.(4)  "Permit" means an authorization by the commission granting a person the right to use water.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 1, eff. Sept. 1, 1991.|
TX Water Code § 11.172 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.172. General Principle

Sec. 11.172.  GENERAL PRINCIPLE.  A permit, certified filing, or certificate of adjudication is subject to cancellation in whole or part for 10 years nonuse as provided by this subchapter.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.174 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.174. Commission May Initiate Proceedings

Sec. 11.174.  COMMISSION MAY INITIATE PROCEEDINGS.  When the commission finds that its records do not show that some portion of the water has been used during the past 10 years, the executive director may initiate proceedings, terminated by public hearing, to cancel the permit, certified filing, or certificate of adjudication in whole or in part.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.016, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 309, Sec. 3, eff. Sept. 1, 1991.|
TX Water Code § 11.175 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.175. Notice

Sec. 11.175.  NOTICE.  (a)  At least 45 days before the date of the hearing, the commission shall send notice of the hearing to the holder of the permit, certified filing, or certificate of adjudication being considered for cancellation in whole or in part.  Notice shall be sent by certified mail, return receipt requested, to the last address shown by the records of the commission.  The commission shall also send notice by regular mail to all other holders of permits, certified filings, certificates of adjudication, and claims of unadjudicated water rights filed pursuant to Section 11.303 of this code in the same watershed.(b)  The commission shall also have the notice of the hearing published once a week for two consecutive weeks, at least 30 days before the date of the hearing, in a newspaper published in each county in which diversion of water from the source of supply was authorized or proposed to be made and in each county in which the water was authorized or proposed to be used, as shown by the records of the commission.  If in any such county no newspaper is published, then the notice may be published in a newspaper having general circulation in the county.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 4, eff. Sept. 1, 1991.|
TX Water Code § 11.176 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.176. Hearing

Sec. 11.176.  HEARING.  (a)  Except as provided by Subsection (b) of this section, the commission shall hold a hearing and shall give the holder of the permit, certified filing, or certificate of adjudication and other interested persons an opportunity to be heard and to present evidence on any matter pertinent to the questions at issue.(b)  A hearing on the cancellation of a permit, certified filing, or certificate of adjudication as provided by this chapter is unnecessary if the right to such hearing is expressly waived by the affected holder of a permit, certified filing, or certificate of adjudication.(c)  A permit, certified filing, or certificate of adjudication for a term does not vest in the holder of a permit, certified filing, or certificate of adjudication any right to the diversion, impoundment, or use of water for longer than the term of the permit, certified filing, or certificate of adjudication and shall expire and be cancelled in accordance with its terms without further need for notice or hearing.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.12, eff. Sept. 1, 1997.|
TX Water Code § 11.177 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.177. Commission Finding; Action

Sec. 11.177.  COMMISSION FINDING;  ACTION.  (a)  At the conclusion of the hearing, the commission shall cancel the permit, certified filing, or certificate of adjudication in whole or in part to the extent that it finds that:(1)  the water or any portion of the water appropriated under the permit, certified filing, or certificate of adjudication has not been put to an authorized beneficial use during the 10-year period;  and(2)  the holder has not used reasonable diligence in applying the water or the unused portion of the water to an authorized beneficial use or is otherwise unjustified in the nonuse.(b)  In determining what constitutes reasonable diligence or a justified nonuse as used in Subsection (a)(2), the commission shall give consideration to:(1)  whether sufficient water is available in the source of supply to meet all or part of the appropriation during the 10-year period of nonuse;(2)  whether the nonuse is justified by the holder's participation in the federal Conservation Reserve Program or a similar governmental program as provided by Section 11.173(b)(1);(3)  whether the existing or proposed authorized purpose and place of use are consistent with an approved regional water plan as provided by Section 16.053;(4)  whether the permit, certified filing, or certificate of adjudication has been deposited into the Texas Water Bank as provided by Sections 15.7031 and 15.704 or whether it can be shown that the water right or water available under the right is currently being made available for purchase through private marketing efforts;  or(5)  whether the permit, certified filing, or certificate of adjudication has been reserved to provide for instream flows or bay and estuary inflows.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 6, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.12, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.13, eff. Sept. 1, 2001.|
TX Water Code § 11.183 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.183. Reservoir

Sec. 11.183.  RESERVOIR.  If the holder of a permit, certified filing, or certificate of adjudication has facilities for the storage of water in a reservoir, the commission may allow him to retain the impoundment to the extent of the conservation storage capacity of the reservoir for domestic, livestock, or recreation purposes.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.184 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.184. Municipal Certified Filing

Sec. 11.184.  MUNICIPAL CERTIFIED FILING.  Regardless of other provisions of this subchapter, no portion of a certified filing held by a city, town, village, or municipal water district, authorizing the use of water for municipal purposes, shall be cancelled if water has been put to use under the certified filing for municipal purposes at any time during the 10-year period immediately preceding the institution of cancellation proceedings.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.185 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.185. Effect of Inaction

Sec. 11.185.  EFFECT OF INACTION.  Failure to initiate cancellation proceedings under this subchapter does not validate or improve the status of any permit, certified filing, or certificate of adjudication in whole or in part.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.186 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse|Section 11.186. Subsequent Proceedings on Same Water Right

Sec. 11.186.  SUBSEQUENT PROCEEDINGS ON SAME WATER RIGHT.  Once cancellation proceedings have been initiated against a particular permit, certified filing, or certificate of adjudication and a hearing has been held, further cancellation proceedings shall not be initiated against the same permit, certified filing, or certificate of adjudication within the five-year period immediately following the date of the hearing.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.201 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.201. Artesian Well Defined

Sec. 11.201.  ARTESIAN WELL DEFINED.  An artesian well is an artificial water well in which the water, when properly cased, will rise by natural pressure above the first impervious stratum below the surface of the ground.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.202 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.202. Right to Drill Artesian Well

Sec. 11.202.  RIGHT TO DRILL ARTESIAN WELL.  (a)  Except as provided by this section, a person is entitled to drill an artesian well for domestic purposes or for stock raising without complying with the general provisions of this code regulating the use of water.(b)  The artesian well must be on that person's own land and must be properly and securely cased.(c)  When water is reached containing mineral or other substances injurious to vegetation or agriculture, the artesian well must be securely capped or its flow controlled so as not to injure another person's land or properly plugged so as to prevent the water from rising above the first impervious stratum below the surface of the ground.(d)  Except as provided by Subsection (e) of this section, after September 1, 1991, and before January 1, 1994, a person may not drill and operate a free-flowing artesian well in a sole or principal source aquifer as designated by 40 C.F.R., Part 149, pursuant to Section 1424(e), Safe Drinking Water Act (42 U.S.C. 300h-3(e)) that will result in a flow of more than 5,000 gallons per minute or that is within 1,000 feet of another well if the combined flows would exceed 5,000 gallons per minute.(e)  The commission may grant for a well an exemption from the prohibition provided by Subsection (d) of this section for any beneficial use that does not waste water.  The commission by rule may delegate the authority to grant exemptions under this subsection to a local water district.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., 2nd C.S., ch. 4, Sec. 1, eff. Aug. 29, 1991.|
TX Water Code § 11.203 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.203. Artesian Well: Drilling Record

Sec. 11.203.  ARTESIAN WELL:  DRILLING RECORD.  A person who drills an artesian well or has one drilled shall keep a complete and accurate record of the depth, thickness, and character of the different strata penetrated and when the well is completed shall transmit a copy of the record to the commission by registered mail.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.017, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 13, eff. Sept. 1, 1997.|
TX Water Code § 11.204 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.204. Report of New Artesian Well

Sec. 11.204.  REPORT OF NEW ARTESIAN WELL.  Within one year after an artesian well is drilled, the owner or operator shall transmit to the commission a sworn report stating the result of the drilling operation, the use to which the water will be applied, and the contemplated extent of the use.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.018, eff. Sept. 1, 1985.|
TX Water Code § 11.205 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.205. Wasting Water From Artesian Well

Sec. 11.205.  WASTING WATER FROM ARTESIAN WELL.  Unless the water from an artesian well is used for a purpose and in a manner in which it may be lawfully used on the owner's land, it is waste and unlawful to wilfully cause or knowingly permit the water to run off the owner's land or to percolate through the stratum above which the water is found.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., 2nd C.S., ch. 4, Sec. 2, eff. Aug. 29, 1991;  Acts 1997, 75th Leg., ch. 1072, Sec. 14, eff. Sept. 1, 1997.|
TX Water Code § 11.206 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.206. Improperly Cased Well: Nuisance

Sec. 11.206.  IMPROPERLY CASED WELL:  NUISANCE.  An artesian well that is not tightly cased, capped, and furnished with mechanical appliances that readily and effectively prevent water from flowing out of the well and running over the surface of the ground above the well or wasting through the strata through which it passes is a public nuisance and subject to abatement by the executive director.|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.|
TX Water Code § 11.207 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter F. Artesian Wells|Section 11.207. Annual Report

Sec. 11.207.  ANNUAL REPORT.  (a)  Not later than March 1 of each year, a person who during any part of the preceding calendar year owned or operated an artesian well for any purpose other than domestic use shall file a report to the commission on a form supplied by the commission.(b)  The report shall state:(1)  the quantity of water which was obtained from the well;(2)  the nature of the uses to which the water was applied;(3)  the change in the level of the well's water table;  and(4)  other information required by the commission.(c)  If water from the well was used for irrigation, the report shall also state the acreage and yield of each crop irrigated.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.019, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 6, eff. June 19, 1987.|
TX Water Code § 11.301 (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 11.301. Short Title

Sec. 11.301.  SHORT TITLE.  This subchapter may be cited as the Water Rights Adjudication Act.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.302 (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 11.302. Declaration of Policy

Sec. 11.302.  DECLARATION OF POLICY.  The conservation and best utilization of the water resources of this state are a public necessity, and it is in the interest of the people of the state to require recordation with the commission of claims of water rights which are presently unrecorded, to limit the exercise of these claims to actual use, and to provide for the adjudication and administration of water rights to the end that the surface-water resources of the state may be put to their greatest beneficial use.  Therefore, this subchapter is in furtherance of the public rights, duties, and functions mentioned in this section and in response to the mandate expressed in Article XVI, Section 59 of the Texas Constitution and is in the exercise of the police powers of the state in the interest of the public welfare.|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. 1.020, eff. Sept. 1, 1985.|
TX Water Code § 11.304 (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 11.304. Adjudication of Water Rights

Sec. 11.304.  ADJUDICATION OF WATER RIGHTS.  The water rights in any stream or segment of a stream may be adjudicated as provided in this subchapter:(1)  on the commission's own motion;(2)  on petition to the commission signed by 10 or more claimants of water rights from the source of supply;  or(3)  on petition of the executive director.|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.|
TX Water Code § 11.305 (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 11.305. Investigation

Sec. 11.305.  INVESTIGATION.  (a)  Promptly after a petition is filed under Section 11.304 of this Code, the commission shall consider whether the adjudication would be in the public interest.  If the commission finds that an adjudication would be in the public interest, it shall enter an order to that effect, designating the stream or segment to be adjudicated.  The executive director shall have an investigation made of the area involved in order to gather relevant data and information essential to the proper understanding of the claims of water rights involved.  The results of the investigation shall be reduced to writing and made a matter of record in the commission office.(b)  In connection with the investigation, the executive director shall have a map or plat made showing with substantial accuracy the course of the stream or segment and the location of reservoirs, diversion works, and places of use, including lands which are being irrigated or have facilities for irrigation.|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. 3, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.022, eff. Sept. 1, 1985.|