reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter A. General Provisions › Section 11.001. Vested Rights Not Affected

Sec. 11.001.  VESTED RIGHTS NOT AFFECTED.  (a)  Nothing in this code affects vested private rights to the use of water, except to the extent that provisions of Subchapter G of this chapter might affect these rights.
(b)  This code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter A. General Provisions › Section 11.003. Streams That Form Boundaries Included

Sec. 11.003.  STREAMS THAT FORM BOUNDARIES INCLUDED.  This chapter applies to all streams or other sources of water supply lying upon or forming a part of the boundaries of this state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter A. General Provisions › Section 11.004. Commission to Receive Certified Copies of Judgments, Etc

Sec. 11.004.  COMMISSION TO RECEIVE CERTIFIED COPIES OF JUDGMENTS, ETC.  When any court of record renders a judgment, decree, or order affecting the title to any water right, claim, appropriation, or irrigation facility or affecting any matter over which the commission is given supervision by law, the clerk of the court shall immediately transmit to the commission a certified copy of the judgment, decree, or order.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.003, eff. Sept. 1, 1985.
Sec. 11.005.  APPLICABILITY TO WORKS UNDER FEDERAL RECLAMATION ACT.  This chapter applies to the construction, maintenance, and operation of irrigation works constructed in this state under the federal reclamation act, as amended (43 U.S.C. Sec. 371 et seq.), to the extent that this chapter is not inconsistent with the federal act or the regulations made under that act by the secretary of the interior.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.021. State Water

Sec. 11.021.  STATE WATER.  (a)  The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.
(b)  Water imported from any source outside the boundaries of the state for use in the state and which is transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned or operated by the state is the property of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.022. Acquisition of Right to Use State Water

Sec. 11.022.  ACQUISITION OF RIGHT TO USE STATE WATER.  The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter.  When the right to use state water is lawfully acquired, it may be taken or diverted from its natural channel.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.02361. Texas Environmental Flows Science Advisory Committee

Sec. 11.02361.  TEXAS ENVIRONMENTAL FLOWS SCIENCE ADVISORY COMMITTEE.  (a)  The Texas environmental flows science advisory committee consists of at least five but not more than nine members appointed by the advisory group.
(b)  The advisory group shall appoint to the science advisory committee persons who will provide an objective perspective and diverse technical expertise, including expertise in hydrology, hydraulics, water resources, aquatic and terrestrial biology, geomorphology, geology, water quality, computer modeling, and other technical areas pertinent to the evaluation of environmental flows.
(c)  Members of the science advisory committee serve five-year terms expiring March 1.  A vacancy on the science advisory committee is filled by appointment by the co-presiding officers of the advisory group for the unexpired term.
(d)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the science advisory committee.
(e)  The science advisory committee shall:
(1)  serve as an objective scientific body to advise and make recommendations to the advisory group on issues relating to the science of environmental flow protection; and
(2)  develop recommendations to help provide overall direction, coordination, and consistency relating to:
(A)  environmental flow methodologies for bay and estuary studies and instream flow studies;
(B)  environmental flow programs at the commission, the Parks and Wildlife Department, and the board; and
(C)  the work of the basin and bay expert science teams described in Section 11.02362.
(f)  To assist the advisory group to assess the extent to which the recommendations of the science advisory committee are considered and implemented, the commission, the Parks and Wildlife Department, and the board shall provide written reports to the advisory group, at intervals determined by the advisory group, that describe:
(1)  the actions taken by each agency in response to each recommendation; and
(2)  for each recommendation not implemented, the reason it was not implemented.
(g)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 21(2), eff. September 1, 2023.
Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.07, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.07, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 21(2), eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.02363. Periodic Review of Environmental Flow Standards; Statewide Work Plan

Sec. 11.02363.  PERIODIC REVIEW OF ENVIRONMENTAL FLOW STANDARDS; STATEWIDE WORK PLAN.  (a)  Periodically, the advisory group shall review the environmental flow standards for each river basin and bay system adopted by the commission under Section 11.1471.  In conducting a review of the environmental flow standards, the advisory group shall:
(1)  work with the science advisory committee and the pertinent basin and bay area stakeholder committees and basin and bay expert science teams in a manner similar to that provided by Section 11.02362;
(2)  take into consideration the work plans developed under Section 11.02362(p);
(3)  analyze previous environmental flow recommendations and standards;
(4)  prescribe future monitoring, studies, and activities needed to better understand the environmental flow; and
(5)  validate or refine:
(A)  the environmental flow recommendations;
(B)  the environmental flow standards adopted by the commission; and
(C)  strategies to achieve the environmental flow standards.
(b)  The advisory group shall develop a biennial statewide work plan to prioritize and schedule the review of environmental flow standards under Subsection (a).  The work plan must establish:
(1)  the methodology used to prioritize the review of the environmental flow standards of each river basin and bay system; and
(2)  a timeline for the review of the environmental flow standards of each river basin and bay system.
(c)  The advisory group shall submit to the commission:
(1)  any review conducted under Subsection (a), including recommendations to the commission for use in adopting rules under Section 11.1471; and
(2)  the biennial work plan developed under Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.0237. Water Rights for Instream Flows Dedicated to Environmental Needs or Bay and Estuary Inflows

Sec. 11.0237.  WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS.  (a)  The commission may not issue a new permit for instream flows dedicated to environmental needs or bay and estuary inflows.  The commission may approve an application to amend an existing permit or certificate of adjudication to change the use to or add a use for instream flows dedicated to environmental needs or bay and estuary inflows.
(b)  This section does not alter the commission's obligations under Section 11.042(a-1), (b), or (c), 11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, 11.1491, 11.150, 11.152, 16.058, 16.059, or 18.004.
Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.07, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.07, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1016 (H.B. 4231), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 5, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.024. Appropriation: Preferences

Sec. 11.024.  APPROPRIATION:  PREFERENCES.  In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy regarding the preferences between these uses, and it is therefore declared to be the public policy of this state that in appropriating state water preference shall be given to the following uses in the order named:
(1)  domestic and municipal uses, including water for sustaining human life and the life of domestic animals, it being the public policy of the state and for the benefit of the greatest number of people that in the appropriation of water as herein defined, the appropriation of water for domestic and municipal uses shall be and remain superior to the rights of the state to appropriate the same for all other purposes;
(2)  agricultural uses and industrial uses, which means processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;
(3)  mining and recovery of minerals;
(4)  hydroelectric power;
(5)  navigation;
(6)  recreation and pleasure;  and
(7)  other beneficial uses.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5460, ch. 1026, Sec. 1, eff. Aug. 29, 1983;  Acts 2001, 77th Leg., ch. 966, Sec. 2.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.025. Scope of Appropriative Right

Sec. 11.025.  SCOPE OF APPROPRIATIVE RIGHT.  A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to the amount which is being or can be beneficially used for the purposes specified in the appropriation, and all water not so used is considered not appropriated.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.026. Perfection of an Appropriation

Sec. 11.026.  PERFECTION OF AN APPROPRIATION.  No right to appropriate water is perfected unless the water has been beneficially used for a purpose stated in the original declaration of intention to appropriate water or stated in a permit issued by the commission or one of its predecessors.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.027. Rights Between Appropriators

Sec. 11.027.  RIGHTS BETWEEN APPROPRIATORS.  As between appropriators, the first in time is the first in right.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.0275. Fair Market Value

Sec. 11.0275.  FAIR MARKET VALUE.  Whenever the law requires the payment of fair market value for a water right, fair market value shall be determined by the amount of money that a willing buyer would pay a willing seller, neither of which is under any compulsion to buy or sell, for the water in an arms-length transaction and shall not be limited to the amount of money that the owner of the water right has paid or is paying for the water.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 2.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.029. Title to Appropriation by Limitation

Sec. 11.029.  TITLE TO APPROPRIATION BY LIMITATION.  When an appropriator from a source of water supply has used water under the terms of a certified filing or a permit for a period of three years, he acquires title to his appropriation by limitation against any other claimant of water from the same source of water supply and against any riparian owner on the same source of water supply.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.030. Forfeiture of Appropriation

Sec. 11.030.  FORFEITURE OF APPROPRIATION.  If any lawful appropriation or use of state water is wilfully abandoned during any three successive years, the right to use the water is forfeited and the water is again subject to appropriation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.031. Annual Report

Sec. 11.031.  ANNUAL REPORT.  (a)  Not later than March 1 of each year, each person who has a water right issued by the commission or who impounded, diverted, or otherwise used state water during the preceding calendar year shall submit a written report to the commission on a form prescribed by the commission.  The report shall contain all information required by the commission to aid in administering the water law and in making inventory of the state's water resources.  However, with the exception of those persons who hold water rights, no report is required of persons who take water solely for domestic or livestock purposes.
(b)  A person who fails to file an annual report with the commission as required by Subsection (a) or fails to timely comply with a request by the commission to make information available under Subsection (d) is liable for a penalty for each day the person fails to file the statement or comply with the request after the applicable deadline in an amount not to exceed:
(1)  $100 per day if the person is the holder of a water right authorizing the appropriation of 5,000 acre-feet or less per year; or
(2)  $500 per day if the person is the holder of a water right authorizing the appropriation of more than 5,000 acre-feet per year.
(b-1)  The state may sue to recover a penalty under Subsection (b).
(c)  The commission may waive the requirements of Subsection (a) of this section for a person who has a water right or uses state water in an area of the state where watermaster operations are established.
(d)  Each person who has a water right issued by the commission or who impounds, diverts, or otherwise uses state water shall maintain water use information required under Subsection (a) on a monthly basis during the months a water rights holder uses permitted water.  The person shall make the information available to the commission on the commission's request. The executive director shall establish a reasonable deadline by which a person must make available information requested by the commission under this subsection.
(e)  Except as provided by Subsection (a), the commission may request information maintained under Subsection (d) only during a drought or other emergency shortage of water or in response to a complaint.
(f)  Subsection (e) does not affect the authority of a watermaster to obtain water use information under other law.
(g)  The commission shall establish a process by which a report required under Subsection (a) may be submitted electronically through the Internet.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.003, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 427, Sec. 1, 2, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.02, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1020 (H.B. 2615), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.032. Records

Sec. 11.032.  RECORDS.  (a)  A person who owns and operates a system of waterworks used for a purpose authorized by this code shall keep a detailed record of daily operations so that the quantity of water taken or diverted each calendar year can be determined.
(b)  If the water is used for irrigation, the record must show the number of acres irrigated, the character of the crops grown, and the yield per acre.  No survey is required to determine the exact number of acres irrigated.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.033. Eminent Domain

Sec. 11.033.  EMINENT DOMAIN.  The right to take water necessary for domestic and municipal supply purposes is primary and fundamental, and the right to recover from other uses water which is essential to domestic and municipal supply purposes is paramount and unquestioned in the policy of the state.  All political subdivisions of the state and constitutional governmental agencies exercising delegated legislative powers have the power of eminent domain to be exercised as provided by law for domestic, municipal, and manufacturing uses and for other purposes authorized by this code, including the irrigation of land for all requirements of agricultural employment.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.034. Reservoir Site: Land and Rights-of-Way

Sec. 11.034.  RESERVOIR SITE:  LAND AND RIGHTS-OF-WAY.  An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area for the site, over any public school land, university land, or asylum land of this state and the use of the rock, gravel, and timber on the site and right-of-way for construction purposes, after paying compensation as determined by the commission.  An appropriator may acquire the reservoir site and rights-of-way over private land by contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.035. Condemnation of Private Property

Sec. 11.035.  CONDEMNATION OF PRIVATE PROPERTY.  (a)  An appropriator may obtain rights-of-way over private land and may obtain the land necessary for pumping plants, intakes, headgates, and storage reservoirs by condemnation.
(b)  The party obtaining private property by condemnation shall cause damages to be assessed and paid for as provided by the statutes of this state relating to eminent domain.
(c)  If the party exercising the power granted by this section is not a corporation, district, city, or town, he shall apply to the commission for the condemnation.
(d)  The executive director shall have the proposed condemnation investigated.  After the investigation, the commission may give notice to the party owning the land proposed to be condemned and hold a hearing on the proposed condemnation.
(e)  If after a hearing the commission determines that the condemnation is necessary, the executive director may institute condemnation proceedings in the name of the State of Texas for the use and benefit of the party who applied for the condemnation and all others similarly situated.
(f)  The parties at whose instance a condemnation suit is instituted shall pay the costs of the suit and condemnation in proportion to the benefits received by each party as fixed by the commission.  Before using any of the condemned rights or property, a party receiving the rights or property shall pay the amount of costs fixed by the commission.
(g)  If, after the costs of the condemnation proceedings have been paid, a party seeks to take the benefits of the condemnation proceedings, he shall apply to the commission for the benefits.  The commission may grant the application and fix the fees and charges to be paid by the applicant.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.004, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.036. Conserved or Stored Water: Supply Contract

Sec. 11.036.  CONSERVED OR STORED WATER:  SUPPLY CONTRACT.  (a)  A person, association of persons, corporation, or water improvement or irrigation district having in possession and control any storm water, floodwater, or rainwater that is conserved or stored as authorized by this chapter may contract to supply the water to any person, association of persons, corporation, or water improvement or irrigation district having the right to acquire use of the water.
(b)  The price and terms of the contract shall be just and reasonable and without discrimination, and the contract is subject to the same revision and control as provided in this code for other water rates and charges.  If the contract sets forth explicit expiration provisions, no continuation of the service obligation will be implied.
(c)  The terms of a contract may expressly provide that the person using the stored or conserved water is required to develop alternative or replacement supplies prior to the expiration of the contract and may further provide for enforcement of such terms by court order.
(d)  If any person uses the stored or conserved water without first entering into a contract with the party that conserved or stored it, the user shall pay for the use at a rate determined by the commission to be just and reasonable, subject to court review as in other cases.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.05, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.037. Water Suppliers: Rules and Regulations

Sec. 11.037.  WATER SUPPLIERS:  RULES AND REGULATIONS.  (a)  Every person, association of persons, corporation, or irrigation district conserving or supplying water for any of the purposes authorized by this chapter shall make and publish reasonable rules and regulations relating to:
(1)  the method of supply;
(2)  the use and distribution of the water;  and
(3)  the procedure for applying for the water and for paying for it.
(b)  Each person, association of persons, corporation, and district authorized by law to carry out irrigation powers that is conserving or supplying water for any of the purposes authorized by this chapter may make and publish reasonable rules relating to water conservation, as defined by Subdivision (8)(B), Section 11.002, of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 1.10.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.038. Rights of Owners of Land Adjoining Canal, Etc

Sec. 11.038.  RIGHTS OF OWNERS OF LAND ADJOINING CANAL, ETC.  (a)  A person who owns or holds a possessory interest in land adjoining or contiguous to a canal, ditch, flume, lateral, dam, reservoir, or lake constructed and maintained under the provisions of this chapter and who has secured a right to the use of water in the canal, ditch, flume, lateral, dam, reservoir, or lake is entitled to be supplied from the canal, ditch, flume, lateral, dam, reservoir, or lake with water for agricultural uses, mining, milling, manufacturing, development of power, and stock raising, in accordance with the terms of the person's contract.
(b)  If the person, association of persons, or corporation owning or controlling the water and the person who owns or holds a possessory interest in the adjoining land cannot agree on a price for a permanent water right or for the use of enough water for irrigation of the person's land or for agricultural uses, mining, milling, manufacturing, development of power, or stock raising, then the party owning or controlling the water, if the person has any water not contracted to others, shall furnish the water necessary for these purposes at reasonable and nondiscriminatory prices.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 966, Sec. 2.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.039. Distribution of Water During Shortage

Sec. 11.039.  DISTRIBUTION OF WATER DURING SHORTAGE.  (a)  If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one and everyone suffers alike.
(b)  If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of persons, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to:
(1)  the amount of water to which each customer may be entitled;  or
(2)  the amount of water to which each customer may be entitled, less the amount of water the customer would have saved if the customer had operated its water system in compliance with the water conservation plan.
(c)  Nothing in Subsection (a) or (b) precludes the person, association of persons, or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 1126, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.040. Permanent Water Right

Sec. 11.040.  PERMANENT WATER RIGHT.  (a)  A permanent water right is an easement and passes with the title to land.
(b)  A written instrument conveying a permanent water right may be recorded in the same manner as any other instrument relating to a conveyance of land.
(c)  The owner of a permanent water right is entitled to use water according to the terms of his contract.  If there is no contract, the owner is entitled to use water at a just, reasonable, and nondiscriminatory price.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.041. Denial of Water: Complaint

Sec. 11.041.  DENIAL OF WATER:  COMPLAINT.  (a)  Any person entitled to receive or use water from any canal, ditch, flume, lateral, dam, reservoir, or lake or from any conserved or stored supply may present to the commission a written petition showing:
(1)  that he is entitled to receive or use the water;
(2)  that he is willing and able to pay a just and reasonable price for the water;
(3)  that the party owning or controlling the water supply has water not contracted to others and available for the petitioner's use;  and
(4)  that the party owning or controlling the water supply fails or refuses to supply the available water to the petitioner, or that the price or rental demanded for the available water is not reasonable and just or is discriminatory.
(b)  If the petition is accompanied by a deposit of $25, the executive director shall have a preliminary investigation of the complaint made and determine whether or not there are probable grounds for the complaint.
(c)  If, after preliminary investigation, the executive director determines that probable grounds exist for the complaint, the commission shall enter an order setting a time and place for a hearing on the petition.
(d)  The commission may require the complainant to make an additional deposit or execute a bond satisfactory to the commission in an amount fixed by the commission conditioned on the payment of all costs of the proceeding.
(e)  At least 20 days before the date set for the hearing, the commission shall transmit by registered mail a certified copy of the petition and a certified copy of the hearing order to the person against whom the complaint is made.
(f)  The commission shall hold a hearing on the complaint at the time and place stated in the order.  It may hear evidence orally or by affidavit in support of or against the complaint, and it may hear arguments.  The utility commission may participate in the hearing if necessary to present evidence on the price or rental demanded for the available water.  On completion of the hearing, the commission shall render a written decision.
(g)  If, after the preliminary investigation, the executive director determines that no probable grounds exist for the complaint, the executive director shall dismiss the complaint.  The commission may either return the deposit or pay it into the State Treasury.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.005, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.06, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.043. Recordation of Conveyance of Irrigation Work

Sec. 11.043.  RECORDATION OF CONVEYANCE OF IRRIGATION WORK.  (a)  A conveyance of a ditch, canal, or reservoir or other irrigation work or an interest in such an irrigation work must be executed and acknowledged in the same manner as a conveyance of real estate.  Such a conveyance must be recorded in the deed records of the county in which the ditch, canal, or reservoir is located.
(b)  If a conveyance of property covered by Subsection (a) of this section is not made in the prescribed manner, it is null and void against subsequent purchasers in good faith and for valuable consideration.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.044. Roads and Highways

Sec. 11.044.  ROADS AND HIGHWAYS.  (a)  An appropriator has the right to construct ditches, canals, or pipelines along or across all roads and highways necessary for the construction of waterworks.  Bridges, culverts, or siphons shall be constructed at all road and highway crossings as necessary to prevent any impairment of the uses of the road or highway.  Approval of the construction plans and specifications shall be obtained from the owner of the road or highway prior to the installation of conveyance facilities.
(b)  If any public road, highway, or public bridge is located on the ground necessary for a damsite, reservoir, or lake, the commissioners court shall change the road and remove the bridge so that it does not interfere with the construction of the proposed dam, reservoir, or lake.  The party desiring to construct the dam, reservoir, or lake shall pay the expense of moving the bridge or roadway.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 939, ch. 353, Sec. 1, eff. Aug. 31, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.045. Ditches and Canals

Sec. 11.045.  DITCHES AND CANALS.  An appropriator is entitled to construct ditches and canals along or across any stream of water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.046. Return Surplus Water

Sec. 11.046.  RETURN SURPLUS WATER.  (a)  A person who takes or diverts water from a watercourse or stream for the purposes authorized by this code shall conduct surplus water back to the watercourse or stream from which it was taken if the water can be returned by gravity flow and it is reasonably practicable to do so.
(b)  In granting an application for a water right, the commission may include conditions in the water right providing for the return of surplus water, in a specific amount or percentage of water diverted, and the return point on a watercourse or stream as necessary to protect senior downstream permits, certified filings, or certificates of adjudication or to provide flows for instream uses or bays and estuaries.
(c)  Except as specifically provided otherwise in the water right, water appropriated under a permit, certified filing, or certificate of adjudication may, prior to its release into a watercourse or stream, be beneficially used and reused by the holder of a permit, certified filing, or certificate of adjudication for the purposes and locations of use provided in the permit, certified filing, or certificate of adjudication.  Once water has been diverted under a permit, certified filing, or certificate of adjudication and then returned to a watercourse or stream, however, it is considered surplus water and therefore subject to reservation for instream uses or beneficial inflows or to appropriation by others unless expressly provided otherwise in the permit, certified filing, or certificate of adjudication.
(d)  Water appropriated under a permit, certified filing, or certificate of adjudication which is recirculated within a reservoir for cooling purposes shall not be considered to be surplus for purposes of this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.047. Failure to Fence

Sec. 11.047.  FAILURE TO FENCE.  If a person, association of persons, corporation, or water improvement or irrigation district that owns or controls a ditch, canal, reservoir, dam, or lake does not keep it securely fenced, there is no cause of action against the owner of livestock that trespass.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.048. Cost of Maintaining Irrigation Ditch

Sec. 11.048.  COST OF MAINTAINING IRRIGATION DITCH.  (a)  If an irrigation ditch is owned or used by two or more persons, mutual or cooperative companies, or corporations, each party who has an interest in the ditch shall pay his proportionate share of the cost of operating and maintaining the ditch.
(b)  If a person who owns a joint interest in a ditch refuses to do or to pay for his proportionate share of the work that is reasonably necessary for the proper maintenance and operation of the ditch, the other owners may, after giving him 10 days written notice, proceed themselves to do his share of the necessary work and recover from him the reasonable expense or value of the work or labor performed.  The action for the cost of the work may be brought in any court having jurisdiction over the amount in controversy.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.049. Examination and Survey

Sec. 11.049.  EXAMINATION AND SURVEY.  A person may make any necessary examination and survey in order to select the most advantageous sites for a reservoir and rights-of-way to be used for any of the purposes authorized by this chapter, and for this purpose a person may enter the land or water of any other person.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.050. Tidewater Gates, Etc

Sec. 11.050.  TIDEWATER GATES, ETC.  (a)  An appropriator authorized to take water for irrigation, subject to the laws of the United States and the regulations made under its authority, may construct gates or breakwaters, dams, or dikes with gates, in waters wholly in this state, as necessary to prevent pollution of the fresh water of any river, bayou, or stream due to the ebb and flow of the tides of the Gulf of Mexico.
(b)  The work shall be done in such a manner that navigation of vessels on the stream is not obstructed, and where any gate is used, the appropriator shall at all times keep a competent person at the gate to allow free navigation.
(c)  A dam, dike, or breakwater constructed under this section may not be placed at any point except where Gulf tides ebb and flow and may not be constructed so as to obstruct the flow of fresh water to any appropriator or riparian owner downstream.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.051. Irrigation: Lien on Crops

Sec. 11.051.  IRRIGATION:  LIEN ON CROPS.  (a)  A person who constructs a ditch, canal, dam, lake, or reservoir for the purpose of irrigation and who leases, rents, furnishes, or supplies water to any person for irrigation, with or without a contract, has a preference lien superior to every other lien on the irrigated crops.  However, when any irrigation district or conservation and reclamation district obtains a water supply under contract with the United States, the board of directors of the district, by resolution entered in its minutes, with the consent of the secretary of the interior, may waive the preference lien in whole or in part.
(b)  To enforce the lien, the lienholder has all the rights and remedies prescribed by Articles 5222 through 5239, Revised Civil Statutes of Texas, 1925.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Sec. 11.052.  ACTIVITIES UNDER THE FEDERAL RECLAMATION ACT.  The Secretary of the Interior of the United States is authorized to conduct any activities in this state necessary to perform his duties under the federal reclamation act, as amended (43 U.S.C. Section 371 et seq.).
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter B. Rights in State Water › Section 11.053. Emergency Order Concerning Water Rights

Sec. 11.053.  EMERGENCY ORDER CONCERNING WATER RIGHTS.  (a) During a period of drought or other emergency shortage of water, as defined by commission rule, the executive director by order may, in accordance with the priority of water rights established by Section 11.027:
(1)  temporarily suspend the right of any person who holds a water right to use the water; and
(2)  temporarily adjust the diversions of water by water rights holders.
(b)  The executive director in ordering a suspension or adjustment under this section shall ensure that an action taken:
(1)  maximizes the beneficial use of water;
(2)  minimizes the impact on water rights holders;
(3)  prevents the waste of water;
(4)  takes into consideration the efforts of the affected water rights holders to develop and implement the water conservation plans and drought contingency plans required by this chapter;
(5)  to the greatest extent practicable, conforms to the order of preferences established by Section 11.024; and
(6)  does not require the release of water that, at the time the order is issued, is lawfully stored in a reservoir under water rights associated with that reservoir.
(c)  The commission shall adopt rules to implement this section, including rules:
(1)  defining a drought or other emergency shortage of water for purposes of this section; and
(2)  specifying the:
(A)  conditions under which the executive director may issue an order under this section;
(B)  terms of an order issued under this section, including the maximum duration of a temporary suspension or adjustment under this section; and
(C)  procedures for notice of, an opportunity for a hearing on, and the appeal to the commission of an order issued under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.03, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter C. Unlawful Use, Diversion, Waste, Etc. › Section 11.081. Unlawful Use of State Water

Sec. 11.081.  UNLAWFUL USE OF STATE WATER.  No person may wilfully take, divert, or appropriate any state water for any purpose without first complying with all applicable requirements of this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter C. Unlawful Use, Diversion, Waste, Etc. › Section 11.082. Unlawful Use: Civil Penalty

Sec. 11.082.  UNLAWFUL USE:  CIVIL PENALTY.  (a)  A person who wilfully takes, diverts, or appropriates state water without complying with the applicable requirements of this chapter is also liable to a civil penalty of not more than $5,000 for each day he continues the taking, diversion, or appropriation.
(a-1)  Notwithstanding Section 18.002, this section does not apply to a violation of:
(1)  Section 18.003 or a permit issued under that section; or
(2)  Section 18.004 or an authorization granted under that section.
(b)  The state may recover the penalties prescribed in Subsection (a) by suit brought for that purpose in a court of competent jurisdiction.  The state may seek those penalties regardless of whether a watermaster has been appointed for the water division, river basin, or segment of a river basin where the unlawful use is alleged to have occurred.
(c)  An action to collect the penalty provided in this section must be brought within two years from the date of the alleged violation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1997, 75th Leg., ch. 1010, Sec. 3.01, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.08, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.08, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 6, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter C. Unlawful Use, Diversion, Waste, Etc. › Section 11.083. Other Unlawful Taking

Sec. 11.083.  OTHER UNLAWFUL TAKING.  (a)  No person may wilfully open, close, change, or interfere with any headgate or water box without lawful authority.
(b)  No person may wilfully use water or conduct water through his ditch or upon his land unless he is entitled to do so.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter C. Unlawful Use, Diversion, Waste, Etc. › Section 11.084. Sale of Permanent Water Right Without a Permit

Sec. 11.084.  SALE OF PERMANENT WATER RIGHT WITHOUT A PERMIT.  No person may sell or offer to sell a permanent water right unless he has perfected a right to appropriate state water by a certified filing, or unless he has obtained a permit from the commission, authorizing the use of the water for the purposes for which the permanent water right is conveyed.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 5, eff. Sept. 1, 1997.