reglab/statecodes huggingface dataset:
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 11.0841. Civil Remedy

Sec. 11.0841.  CIVIL REMEDY.  (a)  Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available common-law remedy to enforce a right or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.
(b)  A district court may award the costs of litigation, including reasonable attorney fees and expert costs, to any political subdivision of the state, private corporation, or individual that is a water right holder and that prevails in a suit for injunctive relief to redress an unauthorized diversion, impoundment, or use of surface water in violation of this chapter or a rule adopted pursuant to this chapter.
(c)  For purposes of this section, the Parks and Wildlife Department has:
(1)  the rights of a holder of a water right that is held in the Texas Water Trust, including the right to file suit in a civil court to prevent the unlawful use of such a right;
(2)  the right to act in the same manner that a holder of a water right may act to protect the holder's rights in seeking to prevent any person from appropriating water in violation of a set-aside established by the commission under Section 11.1471 to meet instream flow needs or freshwater inflow needs; and
(3)  the right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.09, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.09, eff. September 1, 2007.
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 11.0843. Field Citation

Sec. 11.0843.  FIELD CITATION.  (a)  Upon witnessing a violation of this chapter or a rule or order or a water right issued under this chapter, the executive director or a person designated by the executive director, including a watermaster or the watermaster's deputy, may issue the alleged violator a field citation alleging that a violation has occurred and providing the alleged violator the option of either:
(1)  without admitting to or denying the alleged violation, paying an administrative penalty in accordance with the predetermined penalty amount established under Subsection (b) and taking remedial action as provided in the citation; or
(2)  requesting a hearing on the alleged violation in accordance with Section 11.0842.
(b)  By rule the commission shall establish penalty amounts corresponding to types of violations of this chapter or rules or orders adopted or water rights issued under this chapter.
(c)  A penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.11, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.11, eff. September 1, 2007.
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 11.086. Overflow Caused by Diversion of Water

Sec. 11.086.  OVERFLOW CAUSED BY DIVERSION OF WATER.  (a)  No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(b)  A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.
(c)  The prohibition of Subsection (a) of this section does not in any way affect the construction and maintenance of levees and other improvements to control floods, overflows, and freshets in rivers, creeks, and streams or the construction of canals for conveying water for irrigation or other purposes authorized by this code.  However, this subsection does not authorize any person to construct a canal, lateral canal, or ditch that obstructs a river, creek, bayou, gully, slough, ditch, or other well-defined natural drainage.
(d)  Where gullies or sloughs have cut away or intersected the banks of a river or creek to allow floodwaters from the river or creek to overflow the land nearby, the owner of the flooded land may fill the mouth of the gullies or sloughs up to the height of the adjoining banks of the river or creek without liability to other property owners.
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 C. Unlawful Use, Diversion, Waste, Etc. › Section 11.087. Diversion of Water on International Stream

Sec. 11.087.  DIVERSION OF WATER ON INTERNATIONAL STREAM.  (a)  When storm water or floodwater is released from a dam or reservoir on an international stream and the water is designated for use or storage downstream by a specified user who is legally entitled to receive it, no other person may store, divert, appropriate, or use the water or interfere with its passage downstream.
(b)  The commission may make and enforce rules and orders to implement the provisions of this section, including rules and orders designed to:
(1)  establish an orderly system for water releases and diversions in order to protect vested rights and to avoid the loss of released water;
(2)  prescribe the time that releases of water may begin and end;
(3)  determine the proportionate quantities of the released water in transit and the water that would have been flowing in the stream without the addition of the released water;
(4)  require each owner or operator of a dam or reservoir on the stream between the point of release and the point of destination to allow free passage of the released water in transit;  and
(5)  establish other requirements the commission considers necessary to effectuate the purposes of this section.
(c)  Orders made by the commission to effectuate its rules under this section shall be mailed by certified mail to each diverter of water and to each reservoir owner on the stream between the point of release and the point of destination of the released water as shown by the records of the commission.
(d)  Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(a)(1), eff. Sept. 1, 1997.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.007, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 6, 60(a)(1), 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 11.0871. Temporary Diversion of Water on International Stream

Sec. 11.0871.  TEMPORARY DIVERSION OF WATER ON INTERNATIONAL STREAM.  (a)  The commission may authorize, under conditions stated in an order, a watermaster to provide for the temporary diversion and use by holders of water rights of storm water or floodwater that spills from dams and reservoirs on an international stream and otherwise would flow into the Gulf of Mexico without opportunity for beneficial use.
(b)  In an order made by the commission under this section, the commission may not discriminate between holders of water rights from an international stream except to the extent necessary to protect the holders of water rights from the same source of supply.
(c)  The commission shall give notice by mail to holders of water rights from an international stream and shall hold an evidentiary hearing before entry of an order under this section.
Added by Acts 1981, 67th Leg., p. 293, ch. 117, Sec. 1, eff. May 13, 1981.
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 11.088. Destruction of Waterworks

Sec. 11.088.  DESTRUCTION OF WATERWORKS.  No person may wilfully cut, dig, break down, destroy, or injure or open a gate, bank, embankment, or side of any ditch, canal, reservoir, flume, tunnel or feeder, pump or machinery, building, structure, or other work which is the property of another, or in which another owns an interest, or which is lawfully possessed or being used by another, and which is used for milling, mining, manufacturing, the development of power, domestic purposes, agricultural uses, or stock raising, with intent to:
(1)  maliciously injure a person, association, corporation, water improvement or irrigation district;
(2)  gain advantage for himself;  or
(3)  take or steal water or cause water to run out or waste out of the ditch, canal, or reservoir, feeder, or flume for his own advantage or to the injury of a person lawfully entitled to the use of the water or the use or management of the ditch, canal, tunnel, reservoir, feeder, flume, machine, structure, or other irrigation work.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.06, eff. Sept. 1, 2001.
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 11.089. Johnson Grass or Russian Thistle

Sec. 11.089.  JOHNSON GRASS OR RUSSIAN THISTLE.  (a)  No person who owns, leases, or operates a ditch, canal, or reservoir or who cultivates land abutting a reservoir, ditch, flume, canal, wasteway, or lateral may permit Johnson grass or Russian thistle to go to seed on the waterway within 10 feet of the high-water line if the waterway crosses or lies on the land owned or controlled by him.
(b)  The provisions of this section are not applicable in Tom Green, Sterling, Irion, Schleicher, McCullough, Brewster, Menard, Maverick, Kinney, Val Verde, and San Saba counties.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 8, 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 11.090. Polluting and Littering

Sec. 11.090.  POLLUTING AND LITTERING.  No person may deposit in any canal, lateral, reservoir, or lake, used for a purpose named in this chapter, the carcass of any dead animal, tin cans, discarded buckets or pails, garbage, ashes, bailing or barbed wire, earth, offal, or refuse of any character or any other article which might pollute the water or obstruct the flow of a canal or similar structure.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 9, 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 11.091. Interference With Delivery of Water Under Contract

Sec. 11.091.  INTERFERENCE WITH DELIVERY OF WATER UNDER CONTRACT.  No person may wilfully take, divert, appropriate, or interfere with the delivery of conserved or stored water under Section 11.042 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 10, 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 11.092. Wasteful Use of Water

Sec. 11.092.  WASTEFUL USE OF WATER.  A person who owns or has a possessory right to land contiguous to a canal or irrigation system and who acquires the right by contract to use the water from it commits waste if he:
(1)  permits the excessive or wasteful use of water by any of his agents or employees;  or
(2)  permits the water to be applied to anything but a beneficial use.
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 C. Unlawful Use, Diversion, Waste, Etc. › Section 11.093. Abatement of Waste as Public Nuisance

Sec. 11.093.  ABATEMENT OF WASTE AS PUBLIC NUISANCE.  (a)  A person who permits an unreasonable loss of water through faulty design or negligent operation of any waterworks using water for a purpose named in this chapter commits waste, and the commission may declare the works causing the waste to be a public nuisance.  The commission may take the necessary action to abate the nuisance.  Also, any person who may be injured by the waste may sue in the district court having jurisdiction over the works causing the waste to have the operation of the works abated as a public nuisance.
(b)  In case of a wasteful use of water defined by Section 11.092 of this code, the commission shall declare the use to be a public nuisance and shall act to abate the nuisance by directing the person supplying the water to close the water gates of the person wasting the water and to keep them closed until the commission determines that the unlawful use of water is corrected.
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 C. Unlawful Use, Diversion, Waste, Etc. › Section 11.094. Penalty for Use of Works Declared Public Nuisance

Sec. 11.094.  PENALTY FOR USE OF WORKS DECLARED PUBLIC NUISANCE.  No person may operate or attempt to operate any waterworks or irrigation system or use any water under contract with any waterworks or irrigation system that has been previously declared to be a public nuisance.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 11, 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 11.096. Obstruction of Navigable Streams

Sec. 11.096.  OBSTRUCTION OF NAVIGABLE STREAMS.  No person may obstruct the navigation of any stream which can be navigated by steamboats, keelboats, or flatboats by cutting and felling trees or by building on or across the stream any dike, milldam, bridge, or other obstruction.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1072, Sec. 12, 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 11.097. Removal of Obstructions From Navigable Streams

Sec. 11.097.  REMOVAL OF OBSTRUCTIONS FROM NAVIGABLE STREAMS.  (a)  On its own motion or on written request from a commissioners court, the commission shall investigate a reported natural obstruction in a navigable stream caused by the accumulation of limbs, logs, leaves, other tree parts, or other debris.  If making the investigation on request of a commissioners court, the commission must make its investigation not later than the 30th day after the date on which it receives the written request from the commissioners court.
(b)  On completion of the investigation, if the commission determines that the obstruction is creating a hazard or is having other detrimental effect on the navigable stream, the commission shall initiate action to remove the obstruction.
(c)  In removing an obstruction, the commission may solicit the assistance of federal and state agencies including the Corps of Engineers, Texas National Guard, the Parks and Wildlife Department, and districts and authorities created under Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas Constitution.  Also, the commission may enter into contracts for services required to remove an obstruction.  However, no river authority may require the removal, relocation, or reconfiguration of a floating structure which was in place before the effective date of this Act and the effective date of any ordinance, rule, resolution, or other act of the river authority mandating such action unless the commission determines the structure is an obstruction to navigation.
Added by Acts 1987, 70th Leg., ch. 295, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.121. Permit Required

Sec. 11.121.  PERMIT REQUIRED.  Except as provided in Sections 11.1405, 11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 544, Sec. 1, eff. Aug. 31, 1987;  Acts 1995, 74th Leg., ch. 183, Sec. 1, eff. May 23, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 8, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 3, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.123. Permit Preferences

Sec. 11.123.  PERMIT PREFERENCES.  The commission shall give preference to applications in the order declared in Section 11.024 of this code and to applications which will effectuate the maximum utilization of water and are calculated to prevent the escape of water without contribution to a beneficial public service.
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 D. Permits to Use State Water › Section 11.124. Application for Permit

Sec. 11.124.  APPLICATION FOR PERMIT.  (a)  An application to appropriate unappropriated state water must:
(1)  be in writing and sworn to;
(2)  contain the name and post-office address of the applicant;
(3)  identify the source of water supply;
(4)  state the nature and purposes of the proposed use or uses and the amount of water to be used for each purpose;
(5)  state the location and describe the proposed facilities;
(6)  state the time within which the proposed construction is to begin;
(7)  state the time required for the application of water to the proposed use or uses;  and
(8)  contain the name and address of the holder of any lien on:
(A)  any water right permit, certified filing, or certificate of adjudication to be granted under the permit for which application is made;  or
(B)  any land to which that water right permit, certified filing, or certificate of adjudication would be appurtenant.
(b)  If the proposed use is irrigation, the application must also contain:
(1)  a description of the land proposed to be irrigated;  and
(2)  an estimate of the total acreage to be irrigated.
(c)  If the application is for a seasonal permit, under the provisions of Section 11.137 of this code, the application must also state the months or seasons of the year the water is to be used.
(d)  If the application is for a temporary permit under the provisions of Section 11.138 of this code, the application must also state the period of the proposed temporary use.
(e)  If the application is for a term permit, the application form used must also state that on expiration of a term permit the applicant does not have an automatic right to renew the permit.
(f)  If the application is for a permit to construct a storage reservoir, the application must also contain evidence that the applicant has mailed notice of the application to each member of the governing body of each county and municipality in which the reservoir, or any part of the reservoir, will be located.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 405, Sec. 3, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.09, eff. June 19, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1268 (H.B. 2140), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.125. Map or Plat

Sec. 11.125.  MAP OR PLAT.  (a)  The application must be accompanied by a map or plat in the form and containing the information prescribed by the commission.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 7, eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 7, eff. September 1, 2017.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.126. Commission Requirements

Sec. 11.126.  COMMISSION REQUIREMENTS.  (a)  If the proposed taking or diversion of water for irrigation exceeds nine cubic feet per second, the executive director may require additional information as prescribed by this section.
(b)  The executive director may require a continuous longitudinal profile, cross sections of the proposed channel, and the detail plans of any proposed structure, on any scales and with any definition the executive director considers necessary or expedient.
(c)  If the application proposes construction of a dam greater than six feet in height either for diversion or storage, the executive director may also require filing a copy of all plans and specifications and a copy of the engineer's field notes of any survey of the lake or reservoir.  No work on the project shall proceed until approval of the plans is obtained from the executive director.
(d)  If the applicant is a corporation, the commission may require filing a certified copy of its articles of incorporation, a statement of the names and addresses of its directors and officers, and a statement of the amount of its authorized capital stock and its paid-up capital stock.
(e)  If the applicant is not a corporation, the commission may require filing a sworn statement showing the name and address of each person interested in the appropriation, the extent of his interest, and his financial condition.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3155, ch. 828, Sec. 2, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.009, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.1272. Additional Requirement: Drought Contingency Plans for Certain Applicants and Water Right Holders

Sec. 11.1272.  ADDITIONAL REQUIREMENT:  DROUGHT CONTINGENCY PLANS FOR CERTAIN APPLICANTS AND WATER RIGHT HOLDERS.  (a)  The commission shall by rule require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate approved regional water plan to be implemented during periods of water shortages and drought.
(b)  The wholesale and retail public water suppliers and irrigation districts shall provide an opportunity for public input during preparation of their drought contingency plans and before submission of the plans to the commission.
(c)  By May 1, 2005, a drought contingency plan required by commission rule adopted under this section must include specific, quantified targets for water use reductions to be achieved during periods of water shortages and drought.  The entity preparing the plan shall establish the targets.
(d)  The commission and the board by joint rule shall identify quantified target goals for drought contingency plans that wholesale and retail public water suppliers, irrigation districts, and other entities may use as guidelines in preparing drought contingency plans.  Goals established under this subsection are not enforceable requirements.
(e)  The commission and the board jointly shall develop model drought contingency programs for different types of water suppliers that suggest best management practices for accomplishing the highest practicable levels of water use reductions achievable during periods of water shortages and drought for each specific type of water supplier.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 1.03, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 690, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.1273. Additional Requirement: Review of Amendments to Certain Water Management Plans

Sec. 11.1273.  ADDITIONAL REQUIREMENT: REVIEW OF AMENDMENTS TO CERTAIN WATER MANAGEMENT PLANS.  (a)  This section applies only to a water management plan consisting of a reservoir operation plan for the operation of two water supply reservoirs that was originally required by a court order adjudicating the water rights for those reservoirs.
(b)  Not later than the first anniversary of the date the executive director determines that an application to amend a water management plan is administratively complete, the executive director shall complete a technical review of the plan.
(c)  If the executive director submits a written request for additional information to the applicant, the applicant shall submit the requested information to the executive director not later than the 30th day after the date the applicant receives the request or not later than the deadline agreed to by the executive director and the applicant, if applicable.  The review period required by Subsection (b) for completing the technical review is tolled until the date the executive director receives the requested information from the applicant.
(d)  The commission shall provide an opportunity for public comment and a public hearing on the application, consistent with the process for other water rights applications.
(e)  If the commission receives a request for a hearing before the period for submitting public comments and requesting a hearing expires, the commission shall act on the request for a hearing and, if the request is denied, act on the application not later than the 60th day after the date the period expires.  If a request for a hearing is not submitted before the period expires, the executive director may act on the application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.04, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.128. Payment of Fee

Sec. 11.128.  PAYMENT OF FEE.  The applicant shall pay the filing fee prescribed by Section  5.701 at the time the application is filed.  The commission may not record, file, or consider the application until the executive director certifies to the commission that the fee is paid.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.001, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.129. Review of Application; Amendment

Sec. 11.129.  REVIEW OF APPLICATION;  AMENDMENT.  The commission shall determine whether the application, maps, and other materials comply with the requirements of this chapter and the rules of the commission.  The commission may require amendment of the application, maps, or other materials to achieve necessary compliance.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.009, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.130. Recording Applications

Sec. 11.130.  RECORDING APPLICATIONS.  (a)  The executive director shall have all applications for appropriations recorded in a well-bound book kept for that purpose in the commission office.
(b)  The executive director shall have the applications indexed alphabetically in the name of:
(1)  the applicant;
(2)  the stream or source from which the appropriation is sought to be made;  and
(3)  the county in which the appropriation is sought to be made.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.010, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.131. Examination and Denial of Application Without Hearing

Sec. 11.131.  EXAMINATION AND DENIAL OF APPLICATION WITHOUT HEARING.  (a)  The commission shall make a preliminary examination of the application, and if it appears that there is no unappropriated water in the source of supply or that the proposed appropriation should not be allowed for other reasons, the commission may deny the application.
(b)  If the commission denies the application under this section and the applicant elects not to proceed further, the commission may order any part of the fee submitted with the application returned to the applicant.
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 D. Permits to Use State Water › Section 11.1311. Approval of Certain Applications Without Hearing

Sec. 11.1311.  APPROVAL OF CERTAIN APPLICATIONS WITHOUT HEARING.  (a)  If a permit for a reservoir project which is listed on the effective date of this section as a recommended project in the current state water plan has been abandoned, voluntarily canceled, or forfeited for failure to commence construction within the time specified by law, and the reservoir project site is owned by a municipality, river authority, other political subdivision, or water supply corporation organized under Chapter 67, the commission may reissue that same permit with a new priority date to the board without notice or hearing, upon submission of an application by the board.
(b)  The board may transfer interests in a permit issued under this section to a municipality, river authority, other political subdivision, or water supply corporation organized under Chapter 67 as otherwise provided by law.
(c)  A permit issued pursuant to this section shall be administered in accordance with this chapter and as otherwise provided by law.
Added by Acts 1999, 76th Leg., ch. 1291, Sec. 2.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.133. Hearing

Sec. 11.133.  HEARING.  At the time and place stated in the notice, the commission shall hold a hearing on the application.  Any person may appear at the hearing in person or by attorney or may enter his appearance in writing.  Any person who appears may present objection to the issuance of the permit.  The commission may receive evidence, orally or by affidavit, in support of or in opposition to the issuance of the permit, and it may hear arguments.
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 D. Permits to Use State Water › Section 11.134. Action on Application

Sec. 11.134.  ACTION ON APPLICATION.  (a)  After the hearing, the commission shall make a written decision granting or denying the application.  The application may be granted or denied in whole or in part.
(b)  The commission shall grant the application only if:
(1)  the application conforms to the requirements prescribed by this chapter and is accompanied by the prescribed fee;
(2)  unappropriated water is available in the source of supply;
(3)  the proposed appropriation:
(A)  is intended for a beneficial use;
(B)  does not impair existing water rights or vested riparian rights;
(C)  is not detrimental to the public welfare;
(D)  considers any applicable environmental flow standards established under Section 11.1471 and, if applicable, the assessments performed under Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152; and
(E)  addresses a water supply need in a manner that is consistent with the state water plan and the relevant approved regional water plan for any area in which the proposed appropriation is located, unless the commission determines that conditions warrant waiver of this requirement; and
(4)  the applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by Section 11.002(8)(B).
(b-1)  In determining whether an appropriation is detrimental to the public welfare under Subsection (b)(3)(C), the commission may consider only the factors that are within the jurisdiction and expertise of the commission as established by this chapter.
(c)  Beginning January 5, 2002, the commission may not issue a water right for municipal purposes in a region that does not have an approved regional water plan in accordance with Section 16.053(i) unless the commission determines that conditions warrant waiver of this requirement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 1.09;  Acts 1997, 75th Leg., ch. 1010, Sec. 4.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1223, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 2.08, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.12, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.12, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.135. Issuance of Permit

Sec. 11.135.  ISSUANCE OF PERMIT.  (a)  On approval of an application, the commission shall issue a permit to the applicant.  The applicant's right to take and use water is limited to the extent and purposes stated in the permit.
(b)  The permit shall be in writing and attested by the seal of the commission, and it shall contain substantially the following information:
(1)  the name of the person to whom the permit is issued;
(2)  the date the permit is issued;
(3)  the date the original application was filed;
(4)  the use or purpose for which the appropriation is to be made;
(5)  the amount or volume of water authorized to be appropriated for each purpose; if use of the appropriated water is authorized for multiple purposes, the permit shall contain a special condition limiting the total amount of water that may actually be diverted for all of the purposes to the amount of water appropriated;
(6)  a general description of the source of supply from which the appropriation is proposed to be made, including any alternative source of water that is not state water;
(7)  the time within which construction or work must begin and the time within which it must be completed; and
(8)  any other information the commission prescribes.
(c)  If the appropriation is for irrigation, the commission shall also place in the permit a description and statement of the approximate area of the land to be irrigated.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.011, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.10, eff. June 19, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1157 (S.B. 864), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.1351. Permit Restrictions

Sec. 11.1351.  PERMIT RESTRICTIONS.  In granting an application, the commission may direct that stream flow restrictions and other conditions and restrictions be placed in the permit being issued to protect the priority of senior water rights.
Added by Acts 1987, 70th Leg., ch. 404, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.136. Recording of Permit

Sec. 11.136.  RECORDING OF PERMIT.  (a)  The commission shall transmit the permit by registered mail to the county clerk of the county in which the appropriation is to be made.
(b)  When the county clerk receives the permit and is paid the recording fee (as prescribed by Subchapter B, Chapter 118, Local Government Code, he shall file and record the permit in a well-bound book kept for that purpose.  He shall index the permit alphabetically in the name of the applicant and of the stream or source of water supply.  After he has recorded the permit, the county clerk shall deliver the permit, on demand, to the applicant.
(c)  When the permit is filed in the office of the county clerk, it is constructive notice of:
(1)  the filing of the application;
(2)  the issuance of the permit;  and
(3)  all the rights arising under the filing of the application and the issuance of the permit.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 149, Sec. 45, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.137. Seasonal Permits

Sec. 11.137.  SEASONAL PERMITS.  (a)  The commission may issue seasonal permits in the same manner that it issues regular permits.  The provisions of this chapter governing issuance of regular permits apply to issuance of seasonal permits.
(b)  The right to take, use, or divert water under seasonal permit is limited to the portion or portions of the calendar year stated in the permit.
(c)  In a seasonal permit, the commission shall specify the conditions necessary to fully protect prior appropriations or vested rights on the stream.
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 D. Permits to Use State Water › Section 11.138. Temporary Permits

Sec. 11.138.  TEMPORARY PERMITS.  (a)  The commission may issue temporary permits for beneficial purposes to the extent that they do not interfere with or adversely affect prior appropriations or vested rights on the stream from which water is to be diverted under such temporary permit.  The commission may, by appropriate order, authorize any member of the commission to approve and issue temporary permits without notice and hearing if it appears to such issuing party that sufficient water is available at the proposed point of diversion to satisfy the requirements of the temporary permit as well as all existing rights.  No temporary permit issued without notice and hearing shall authorize more than 10 acre-feet of water, nor may it be for a term in excess of one year.
(b)  The commission may prescribe rules governing notice and procedure for the issuance of temporary permits.
(c)  As between temporary permits, the one applied for first has priority.
(d)  The commission may not issue a temporary permit for a period exceeding three calendar years.
(e)  A temporary permit does not vest in its holder a permanent right to the use of water.
(f)  A temporary permit expires and shall be cancelled by the commission in accordance with the terms of the permit.
(g)  The commission may prescribe by rule the fees to be paid for issuance of temporary permits, but no fee for issuance or extension of a temporary permit shall exceed $500.
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. 5, 42, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.012, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.1381. Term Permits

Sec. 11.1381.  TERM PERMITS.  (a)  Until a water right is perfected to the full extent provided by Section 11.026 of this code, the commission may issue permits for a term of years for use of state water to which a senior water right has not been perfected.
(b)  The commission shall refuse to grant an application for a permit under this section if the commission finds that there is a substantial likelihood that the issuance of the permit will jeopardize financial commitments made for water projects that have been built or that are being built to optimally develop the water resources of the area.
(c)  The commission shall refuse to grant an application for a term permit if the holder of the senior appropriative water right can demonstrate that the issuance of the term permit would prohibit the senior appropriative water right holder from beneficially using the senior rights during the term of the term permit.  Such demonstration will be made using reasonable projections based on accepted methods.
(d)  A permit issued under this section is subordinate to any senior appropriative water rights.
Added by Acts 1987, 70th Leg., ch. 405, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.140. Permits for Storage for Project Development

Sec. 11.140.  PERMITS FOR STORAGE FOR PROJECT DEVELOPMENT.  The commission may issue permits for storage solely for the purpose of optimum development of projects.  The commission may convert these permits to permits for beneficial use if application to have them converted is made to the commission.
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 D. Permits to Use State Water › Section 11.1405. Desalination of Seawater for Use for Industrial Purposes

Sec. 11.1405.  DESALINATION OF SEAWATER FOR USE FOR INDUSTRIAL PURPOSES.  (a)  The commission may issue a permit under this section to authorize a diversion of state water from the Gulf of Mexico or a bay or arm of the Gulf of Mexico for desalination and use for industrial purposes if:
(1)  the point of diversion is located less than three miles seaward of any point located on the coast of this state; or
(2)  the seawater contains a total dissolved solids concentration based on a yearly average of samples taken monthly at the water source of less than 20,000 milligrams per liter.
(b)  A person may divert state water from the Gulf of Mexico or a bay or arm of the Gulf of Mexico for desalination and use for industrial purposes without obtaining a permit if Subsection (a) does not apply.
(c)  A person who diverts and uses state water that consists of marine seawater under a permit issued under Subsection (a) or as authorized by Subsection (b) must determine the total dissolved solids concentration of the seawater at the water source by monthly sampling and analysis and provide the data collected to the commission.  A person may not begin construction of a facility for the diversion of marine seawater for the purposes provided by this section without obtaining a permit until the person has provided data to the commission based on the analysis of samples taken at the water source over a period of at least one year demonstrating that Subsection (a)(2) does not apply.  A person who has begun construction of a facility for the diversion of marine seawater for the purposes provided by this section without obtaining a permit because the person has demonstrated that Subsection (a)(2) does not apply is not required to obtain a permit for the facility if the total dissolved solids concentration of the seawater at the water source subsequently changes so that Subsection (a)(2) applies.
(d)  A permit application under this section must be submitted as required by commission rule.
(e)  The commission is not required to make a finding of water availability for an application under this section.
(f)  The commission shall evaluate whether any proposed diversion under this section is consistent with any applicable environmental flow standards established under Section 11.1471.
(g)  The commission may include any provision in a permit issued under this section that the commission considers necessary to comply with the environmental flow standards established under Section 11.1471.
(h)  The commission shall adopt rules providing an expedited procedure for acting on an application for a permit under Subsection (a).  The rules must provide for notice, an opportunity for the submission of written comment, and an opportunity for a contested case hearing regarding commission actions relating to an application for a permit.
Added by Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 4, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter D. Permits to Use State Water › Section 11.141. Date of Priority

Sec. 11.141.  DATE OF PRIORITY.  When the commission issues a permit, the priority of the appropriation of water and the claimant's right to use the water date from the date of filing of the application.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.