reglab/housing_qa huggingface dataset:
TX Water Code § 11.327 (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 11.327. Duties of Watermaster

Sec. 11.327.  DUTIES OF WATERMASTER.  (a)  A watermaster shall divide the water of the streams or other sources of supply of his division in accordance with the adjudicated water rights.(b)  A watermaster shall regulate or cause to be regulated the controlling works of reservoirs and diversion works in time of water shortage, as is necessary because of the rights existing in the streams of his division, or as is necessary to prevent the waste of water or its diversion, taking, storage, or use in excess of the quantities to which the holders of water rights are lawfully entitled.(c)  A watermaster may regulate the distribution of water from any system of works that serves users whose rights have been separately determined.(d)  A watermaster's duties shall not include activities which relate to other programs of the commission, except in situations of imminent threat to public health and safety or the environment.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 696, Sec. 3, eff. Sept. 1, 1997.|
TX Water Code § 11.328 (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 11.328. Watermaster's Notice Posted

Sec. 11.328.  WATERMASTER'S NOTICE POSTED.  If, in the performance of his duties, a watermaster regulates diversion works or the controlling works of reservoirs, he shall attach to the works a written notice, properly dated and signed, stating that the works have been properly regulated and are wholly under his control.  The notice is legal notice to all parties interested in the diversion and distribution of the water served by the diversion works or reservoir.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.3291 (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 11.3291. Watermaster Fund

Sec. 11.3291.  WATERMASTER FUND.  (a)  The watermaster fund is created as a special fund in the state treasury and shall be administered by the commission under this subchapter and rules adopted by the commission.(b)  The legislature hereby appropriates without further legislative action any funds deposited in the watermaster's fund as provided in this subchapter.  The watermaster fund shall be used:  (1) to pay the compensation and expenses of the watermaster in each water division;  (2) to pay expenditures for equipment, facilities, and capital expenditures necessary to the watermaster operation when recommended by the watermaster advisory committee and the executive director and approved by the commission when hearings are required as provided in Section 11.329;  and (3) to pay into the general revenue fund for use without further appropriation for purposes of providing overhead and administrative expenses of the commission in an amount not greater than 10 percent times the approved annual budget under this subchapter in a water division.  Any amounts not used in one fiscal year shall be carried over and used for the following fiscal year's operational expenses of the watermaster.(c)  The watermaster fund shall be accounted for separately according to the appropriate water division from which the watermaster's assessment is collected.(d)  The watermaster fund shall consist of:(1)  fees collected in each water division;(2)  money from gifts, grants, or donations to the fund for designated or general lawful use;  and(3)  money from any other source designated by the legislature or the commission.(e)  The commission may invest, reinvest, and direct the investment of any available money in the fund as provided by law for the investment of money under Section 404.024, Government Code.|Added by Acts 1997, 75th Leg., ch. 696, Sec. 5, eff. Sept. 1, 1997.|
TX Water Code § 11.330 (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 11.330. Outlet for Free Passage of Water

Sec. 11.330.  OUTLET FOR FREE PASSAGE OF WATER.  The owner of any works for the diversion or storage of water shall maintain a substantial headgate at the point of diversion, or a gate on each discharge pipe of a pumping plant, constructed so that it can be locked at the proper place by the watermaster, or a suitable outlet in a dam to allow the free passage of water that the owner of the dam is not entitled to divert or impound.  The commission shall adopt rules, and the executive director shall enforce the rules, governing the type and location of the headgates or gates and the outlets to allow the free passage of water.|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. 1.029, eff. Sept. 1, 1985.|
TX Water Code § 11.331 (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 11.331. Measuring Devices

Sec. 11.331.  MEASURING DEVICES.  The commission, by rule, may require the owner of any works for the diversion, taking, storage, or distribution of water to construct and maintain suitable measuring devices at points that will enable the watermaster to determine the quantities of water to be diverted, taken, stored, released, or distributed in order to satisfy the rights of the respective users.|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. 1.029, eff. Sept. 1, 1985.|
TX Water Code § 11.332 (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 11.332. Installation of Flumes

Sec. 11.332.  INSTALLATION OF FLUMES.  The commission, by rule, may require flumes to be installed along the line of any ditch if necessary for the protection of water rights or other property.|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. 1.029, eff. Sept. 1, 1985.|
TX Water Code § 11.333 (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 11.333. Failure to Comply With Commission Rules

Sec. 11.333.  FAILURE TO COMPLY WITH COMMISSION RULES.  If the owner of waterworks using state water refuses or neglects to comply with the rules adopted pursuant to Section 11.330, 11.331, or 11.332 of this code, the executive director, after 10 days notice or after a period of additional time that is reasonable under the circumstances, may direct the watermaster to make adjustments of the control works to prevent the owner of the works from diverting, taking, storing, or distributing any water until he has fully complied with the rules.|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. 1.029, eff. Sept. 1, 1985.|
TX Water Code § 11.334 (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 11.334. Suit Against Commission for Injury

Sec. 11.334.  SUIT AGAINST COMMISSION FOR INJURY.  Any person who is injured by an act of the commission under this subchapter may bring suit against the commission to review the action or to obtain an injunction.  If the water right involved has been adjudicated as provided in this subchapter, the court shall issue an injunction only if it is shown that the commission has failed to carry into effect the decree adjudicating the water right.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.029, eff. Sept. 1, 1985.|
TX Water Code § 11.335 (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 11.335. Administration of Water Rights Not Adjudicated

Sec. 11.335.  ADMINISTRATION OF WATER RIGHTS NOT ADJUDICATED.  (a)  If any area in which water rights of record in the office of the commission have not been adjudicated, the claimants of the rights and the commission may enter into a written agreement for their administration.(b)  An agreement made under authority of this section shall provide:(1)  the basis and manner of distribution of the water to which the agreement relates;(2)  the services of a special watermaster, and assistants if necessary, to carry out the agreement;  and(3)  the allocation, collection, and payment of the annual costs of administration.(c)  An agreement to administer unadjudicated water rights shall be recorded in the offices of the commission and of the county clerk of each county in which any of the works or lands affected by the agreement are located.(d)  The administration of water rights by agreement is governed by the provisions of this subchapter except as regards allocation and payment of the expenses of the administration.(e)  No agreement authorized by this section impairs any vested right to the use of water or creates any additional rights to the use of water.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.030, eff. Sept. 1, 1985.|
TX Water Code § 11.336 (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 11.336. Administration of Permits Issued After Adjudication

Sec. 11.336.  ADMINISTRATION OF PERMITS ISSUED AFTER ADJUDICATION.  Permits, other than temporary permits, that are issued by the commission to appropriate water from an adjudicated stream or segment are subject to administration in the same manner as is provided in this subchapter for adjudicated water rights.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.337 (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 11.337. Hearings: Notice and Procedure

Sec. 11.337.  HEARINGS:  NOTICE AND PROCEDURE.  (a)  The commission shall give notice of a hearing or other proceeding it orders under this subchapter in the manner prescribed in the procedural rules of the commission, unless this subchapter specifically provides otherwise.(b)  In any proceeding in any part of the state, the commission may:(1)  take evidence, including the testimony of witnesses;(2)  administer oaths;(3)  issue subpoenas and compel the attendance of witnesses in the same manner as subpoenas are issued out of the courts of the state;(4)  compel witnesses to testify and give evidence;  and(5)  order the taking of depositions and issue commissions for the taking of depositions in the same manner as depositions are obtained in civil actions.(c)  Evidence may be taken by a duly appointed reporter before the commission or before an authorized representative who has the power to administer oaths.(d)  If a person neglects or refuses to comply with an order or subpoena issued by the commission or refuses to testify on any matter about which he may be lawfully interrogated, the commission may apply to a district court of the county in which the proceeding is held to punish him in the manner provided by law for such disobedience in civil actions.(e)  The commission may adjourn its proceedings from time to time and from place to place.(f)  When a proceeding before the commission is concluded, the commission shall render a decision as to the matters concerning which the proceeding was held.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.338 (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 11.338. Cancellation of Water Rights

Sec. 11.338.  CANCELLATION OF WATER RIGHTS.  Nothing in this subchapter recognizes any abandoned or cancelled water right or impairs in any way the power of the commission under general law to forfeit, cancel, or find abandoned any water right, including adjudicated water rights.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.339 (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 11.339. Underground Water Not Affected

Sec. 11.339.  UNDERGROUND WATER NOT AFFECTED.  This subchapter does not apply to underground water as defined in Chapter 52 of this code.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.340 (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 11.340. Abatement of Certain Civil Suits

Sec. 11.340.  ABATEMENT OF CERTAIN CIVIL SUITS.  (a)  Nothing in this subchapter prevents or precludes a person who claims the right to divert water from a stream from filing and prosecuting to a conclusion a suit against other claimants of the right to divert or use water from the same stream.  However, if the commission has ordered a determination of water rights as provided in this subchapter or if the commission orders such a determination within 90 days after notice of the filing of a suit, the suit shall be abated on the motion of the commission or any party in interest as to any issues involved in the water rights determination.(b)  If a suit is abated as provided in Subsection (a) of this section, the court may grant or continue any temporary relief necessary to preserve the status quo pending a final determination of the water rights involved.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.341 (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 11.341. Limitation on Actions

Sec. 11.341.  LIMITATION ON ACTIONS.  This subchapter does not affect any action or proceeding instituted before August 28, 1967, or any right accrued before that date except those specifically provided for in this subchapter.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.401 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.401. Scope of Subchapter

Sec. 11.401.  SCOPE OF SUBCHAPTER.  The provisions of this subchapter apply to a suit if:(1)  the state is a party;(2)  the purpose of the suit is to determine the right of the parties to divert or use water of a surface stream;  and(3)  rights are asserted to use water in, or divert water to, not more than four counties.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.402 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.402. Appointment and Authority of Watermaster

Sec. 11.402.  APPOINTMENT AND AUTHORITY OF WATERMASTER.  (a)  A court having jurisdiction over a suit described in Section 11.401 of this code may appoint a watermaster with power to allocate and distribute, under the supervision of the court, the water taken into judicial custody.(b)  The court may not appoint a watermaster with authority to act both upstream and downstream from an existing reservoir on any surface stream of the state.  However, once a watermaster is appointed, the construction of a new reservoir does not invalidate his appointment or restrict his authority over that portion of the stream contemplated by the original order of appointment.(c)  Under terms and conditions prescribed by the court, the watermaster may incur necessary expenses, appoint necessary deputies and assistants, and perform duties and assume responsibilities delegated to him by the court.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.403 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.403. Compensation of Watermaster

Sec. 11.403.  COMPENSATION OF WATERMASTER.  The court shall fix the compensation of the watermaster and his staff.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.404 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.404. Expenses and Assessment of Costs of Watermaster

Sec. 11.404.  EXPENSES AND ASSESSMENT OF COSTS OF WATERMASTER.  (a)  Except as provided by Subsection (e), the trial court shall assess the costs and expenses of the watermaster and his staff against all persons receiving an allocation of the water in judicial custody.  The court shall assess the costs and expenses monthly or at other time intervals ordered by the court.(b)  The court shall assess the costs and expenses on the basis of:(1)  acreage;(2)  acre-feet of allocated water;(3)  per capita;  or(4)  any other formula the court, after notice and hearing, determines to be the most equitable.(c)  During the pendency of an appeal, the trial court, in its discretion, may assess costs against some parties on one basis and against other parties on another basis.(d)  The costs and expenses are not to be taxed as ordinary court costs, but are to be considered costs necessary to protect the rights and privileges of the parties receiving allocations of water during the litigation and are to be paid by those parties.(e)  The court may not assess costs and expenses under this section against:(1)  a holder of a non-priority hydroelectric right that owns or operates privately owned facilities that collectively have a capacity of less than two megawatts; or(2)  a holder of a water right placed in the Texas Water Trust for a term of at least 20 years.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.19, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.19, eff. September 1, 2007.|
TX Water Code § 11.405 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.405. Failure to Pay Assessed Costs

Sec. 11.405.  FAILURE TO PAY ASSESSED COSTS.  If the costs and expenses assessed are not paid within the time prescribed by the court, the court after notice and hearing may withdraw or limit allocations of water to any party failing or refusing to pay his share until all costs and expenses assessed against him are paid in full.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.406 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.406. Judicial Custody of Water During Appeal

Sec. 11.406.  JUDICIAL CUSTODY OF WATER DURING APPEAL.  If a party appeals the judgment of the trial court, that court may retain custody of the water which it has previously taken into judicial custody and over which it has appointed a watermaster.  Until final judgment is entered in the case, the trial court has exclusive jurisdiction to administer, allocate, and distribute the water retained in its custody, as provided in Section 11.407 of this code.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.407 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.407. Allocation and Distribution of Water During Appeal

Sec. 11.407.  ALLOCATION AND DISTRIBUTION OF WATER DURING APPEAL.  During the pendency of an appeal, the trial court shall limit the allocation and distribution of the water in its custody to the parties adjudicated to have a valid right to use the water.  However, if any party prosecutes an appeal and files a supersedeas bond, the trial court shall make any necessary adjustments in the water allocations and allocate to that party the same amount of water that he received during the proceedings in the trial court.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.408 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.408. Retention of Watermaster During Appeal

Sec. 11.408.  RETENTION OF WATERMASTER DURING APPEAL.  During the pendency of an appeal, the trial court may retain the watermaster in office with the same authority he had during the trial proceedings.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.409 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter H. Court-Appointed Watermaster|Section 11.409. Violations of Court Orders

Sec. 11.409.  VIOLATIONS OF COURT ORDERS.  If a party violates any order of the trial court either during trial proceedings or during an appeal, the trial court may limit or withdraw his allocation of water until he corrects the violation to the satisfaction of the court.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 11.451 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 11 - Water Rights|Subchapter I. Commission-Appointed Watermaster|Section 11.451. Commission Authority

Sec. 11.451.  COMMISSION AUTHORITY.  On petition of 25 or more holders of water rights in a river basin or segment of a river basin or on its own motion the commission may authorize the executive director to appoint a watermaster for a river basin or segment of a river basin if the commission finds that the rights of senior water rights holders in the basin or segment of the basin are threatened.|Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.|