reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.309. Preliminary Determination of Claims

Sec. 11.309.  PRELIMINARY DETERMINATION OF CLAIMS.  (a)  On completion of the hearings, the commission shall make a preliminary determination of the claims to water rights under adjudication.
(b)  One copy of the preliminary determination shall be furnished without charge to each person who filed a claim in accordance with Section 11.307 of this code.  Additional copies of the preliminary determination shall be made available for public inspection at convenient locations throughout the river basin, as designated by the commission.  Copies shall also be made available to other interested persons at a reasonable price, based on the cost of reproduction.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.310. Evidence Open to Inspection

Sec. 11.310.  EVIDENCE OPEN TO INSPECTION.  All evidence presented to or considered by the commission shall be open to public inspection for a period of not less than 60 days, as fixed by the commission, after the notice prescribed in Section 11.312 of this code is issued.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.311. Date for Filing Contests

Sec. 11.311.  DATE FOR FILING CONTESTS.  The commission shall set a date for filing contests on the preliminary determination, which date shall not be less than 30 days after the period for public inspection of the evidence has closed.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.312. Notice of Preliminary Determination; Copies

Sec. 11.312.  NOTICE OF PRELIMINARY DETERMINATION;  COPIES.  (a)  Promptly after the preliminary determination is made as provided in Section 11.309 of this code, the commission shall publish notice of the determination once a week for two consecutive weeks in one or more newspapers having general circulation in the river basin in which the stream or segment that is the subject of the adjudication is located.
(b)  The commission shall also send notice by first-class mail to each claimant of water rights within the river basin in which the stream or segment is located, to the extent that the claimants can be reasonably ascertained from the records of the commission.
(c)  Each notice shall state:
(1)  the place and the period of time that the preliminary determination and evidence presented to or considered by the commission will be open for public inspection;
(2)  the locations throughout the river basin where copies of the preliminary determination will be available for public inspection;
(3)  the method of ordering copies of the preliminary determination and the charge for copies;
(4)  the date by which contests on the preliminary determination must be filed.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.025, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.313. Filing Contests

Sec. 11.313.  FILING CONTESTS.  (a)  Any water right claimant affected by the preliminary determination, including any claimant to water rights within the river basin but outside the stream or segment under adjudication, who disputes the preliminary determination may within the time for filing contests prescribed by the commission in the notice, including any extension of the time, file a written contest with the commission, stating with reasonable certainty the grounds of his contest.
(b)  The statement filed to contest a preliminary determination must be verified by an affidavit of the contestant, his agent, or his attorney.
(c)  If the contest is directed against the preliminary determination of the water rights of other claimants, a copy shall be served on each of these claimants or his attorney by certified mail, and proof of service shall be filed with the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.314. Hearing on Contest; Notice

Sec. 11.314.  HEARING ON CONTEST;  NOTICE.  After the time for filing contests has expired, the commission shall prepare a notice setting forth the part of the preliminary determination to which each contest is directed and the time and place of a hearing on the contest.  The notice shall be sent to each claimant of water rights within the river basin in which the stream or segment is located, to the extent that the claimants can be reasonably ascertained from the records of the commission.  The hearing shall be conducted as provided in Section 11.337 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.026, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.315. Final Determination

Sec. 11.315.  FINAL DETERMINATION.  On completion of the hearings on all contests, the commission shall make a final determination of the claims to water rights under adjudication.  The commission shall send a copy of the final determination and any modification of the final determination to each claimant whose rights are adjudicated and to each contesting party.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.316. Application for Rehearing

Sec. 11.316.  APPLICATION FOR REHEARING.  Within 30 days from the date of the final determination, any affected party may apply to the commission for a rehearing.  Applications for rehearing which in the opinion of the commission are without merit may be denied without notice to other parties, but no application for rehearing shall be granted without notice to each claimant whose rights are adjudicated and to each contesting party.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.317. Filing Final Determination With District Court

Sec. 11.317.  FILING FINAL DETERMINATION WITH DISTRICT COURT.  (a)  As soon as practicable after the disposition of all applications for rehearing, the commission shall file a certified copy of the final determination, together with all evidence presented to or considered by the commission, in a district court of any county in which the stream or segment under adjudication is located.  However, if the stream or segment under adjudication includes all or parts of three or more counties and if 10 or more affected persons who appeared in the proceedings petition the commission to do so, the commission shall file the action in a convenient district court of a judicial district which is not within the river basin of the stream or segment under adjudication.
(b)  The commission shall obtain an order from the court fixing a time not less than 30 days from the date of the order for the filing of exceptions to the final determination and also fixing a time not less than 60 days from the date of the order for the commencement of hearings on exceptions.
(c)  The commission shall immediately give written notice of the court order by certified mail to all parties who appeared in the proceedings before the commission.  The commission shall file proof of the service with the court.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.318. Exceptions to Final Determination

Sec. 11.318.  EXCEPTIONS TO FINAL DETERMINATION.  (a)  Any affected person who appeared in the proceeding before the commission may file exceptions to the final determination.  An exception must state with a reasonable degree of certainty the grounds for the exception and must specify the particular paragraphs and pages of the determination to which the exception is taken.
(b)  Three copies of the exceptions shall be filed in court, and a copy shall be served on the commission.  The commission shall make copies of all exceptions available at a reasonable price, based on the cost of reproduction.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.319. Hearings on Exceptions

Sec. 11.319.  HEARINGS ON EXCEPTIONS.  (a)  The court shall hear any exceptions that have been filed.  The commission and all affected persons who appeared in the proceedings before the commission are entitled to appear and be heard on the exceptions.  The court may permit other parties in interest to appear and be heard for good cause shown.
(b)  The court may conduct nonjury hearings and proceedings at any convenient location within the state.  Actual expenses incurred by the court outside its judicial district shall be taxed as costs.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.320. Scope of Judicial Review

Sec. 11.320.  SCOPE OF JUDICIAL REVIEW.  (a)  In passing on exceptions, the court shall determine all issues of law and fact independently of the commission's determination.  The substantial evidence rule shall not be used.  The court shall not consider any exception which was not brought to the commission's attention by application for rehearing.  The court shall not consider any issue of fact raised by an exception unless the record of evidence before the commission reveals that the question was genuinely in issue before the commission.
(b)  A party in interest may demand a jury trial of any issue of fact, but the court may in its discretion have a separate trial with a separate jury of any such issue.
(c)  The legislature declares that the provisions of this section are not severable from the remainder of this subchapter and that this subchapter would not have been passed without the inclusion of this section.  If this section is for any reason held invalid, unconstitutional, or inoperative in any way, the holding applies to the entire subchapter so that the entire subchapter is null and void.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.321. Evidence

Sec. 11.321.  EVIDENCE.  Any exception heard by the court without a jury may be resolved on the record of evidence before the commission, or the court may take additional evidence or direct that additional evidence be heard by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.322. Final Decree

Sec. 11.322.  FINAL DECREE.  (a)  After the final hearing, the court shall enter a decree affirming or modifying the order of the commission.
(b)  The court may assess the costs as it deems just.
(c)  An appeal may be taken from the decree of the court in the same manner and with the same effect as in other civil cases.
(d)  The final decree in every water right adjudication is final and conclusive as to all existing and prior rights and claims to the water rights in the adjudicated stream or segment of a stream.  The decree is binding on all claimants to water rights outside the adjudicated stream or segment of a stream.
(e)  Except for domestic and livestock purposes or rights subsequently acquired by permit, a water right is not recognized in the adjudicated stream or segment of a stream unless the right is included in the final decree of the court.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.323. Certificate of Adjudication

Sec. 11.323.  CERTIFICATE OF ADJUDICATION.  (a)  When a final determination of the rights to the waters of a stream has been made in accordance with the procedure provided in this subchapter and the time for a rehearing has expired, the commission shall issue to each person adjudicated a water right a certificate of adjudication, signed by the presiding officer of the commission and bearing the seal of the commission.
(b)  In the certificate, the commission shall include:
(1)  a reference to the final decree;
(2)  the name and post-office address of the holder of the adjudicated right;
(3)  the priority, extent, and purpose of the adjudicated right and, if the right is for irrigation, a description of the irrigated land;  and
(4)  all other information in the decree relating to the adjudicated right.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 965, Sec. 16.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.324. Recordation of Certificate

Sec. 11.324.  RECORDATION OF CERTIFICATE.  (a)  The commission shall transmit the certificate of adjudication or a true copy to the county clerk of each county in which the appropriation is made.
(b)  On receipt of the recording fee from the holder of the certificate, the county clerk shall file and record the certificate in a well-bound book provided and kept for that purpose only.  The clerk shall index the certificate alphabetically under the name of the holder of the certificate of adjudication and under the name of the stream or source of water supply.
(c)  When a certificate of adjudication is filed and recorded as provided in this section, the county clerk shall deliver the certificate on demand to the holder.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.325. Water Divisions

Sec. 11.325.  WATER DIVISIONS.  The commission shall divide the state into water divisions for the purpose of administering adjudicated water rights.  Water divisions may be created from time to time as the necessity arises.  The divisions shall be constituted to secure the best protection to the holders of water rights and the most economical supervision on the part of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.027, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.326. Appointment of Watermaster

Sec. 11.326.  APPOINTMENT OF WATERMASTER.  (a)  The executive director may appoint one watermaster for each water division.
(b)  A watermaster holds office until a successor is appointed.  The executive director may remove a watermaster at any time.
(c)  The executive director may employ assistant watermasters and other employees necessary to aid a watermaster in the discharge of his duties.
(d)  In a water division in which the office of watermaster is vacant, the executive director has the powers of a watermaster.
(e)  The executive director shall supervise and generally direct the watermaster in the performance of his duties as defined in Section 11.327.  A watermaster is responsible to the executive director for the proper performance of his duties.
(f)  A person dissatisfied with any action of a watermaster may apply to the executive director for relief.
(g)  For a water basin in which a watermaster is not appointed, the executive director shall:
(1)  evaluate the water basin at least once every five years to determine whether a watermaster should be appointed; and
(2)  report the findings and make recommendations to the commission.
(h)  The commission shall:
(1)  determine the criteria or risk factors to be considered in an evaluation under Subsection (g); and
(2)  include the findings and recommendations under Subsection (g) in the commission's biennial report to the legislature.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 696, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.05, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.3261. Watermaster Advisory Committee

Sec. 11.3261.  WATERMASTER ADVISORY COMMITTEE.  (a)  The executive director shall establish a watermaster advisory committee consisting of a minimum of nine members, but no more than 15 members, who are holders of water rights or representatives of holders of water rights in the water division of a watermaster.  In appointing members of the advisory committee the executive director shall consider geographic representation, amount of water rights held, different types of holders of water rights and users such as water districts, municipal suppliers, irrigators, and industrial users, and experience and knowledge in water management practices.
(b)  An advisory committee member is not entitled to reimbursement of expenses incurred or to compensation.
(c)  An advisory committee member shall serve a term of two years from the date of initial appointment by the executive director and hold office until a successor is appointed.
(d)  The advisory committee shall meet within 30 days following initial appointment by the executive director and elect a presiding officer who shall serve on an annual basis.  Following the first meeting, the committee shall meet regularly as necessary.
(e)  The advisory committee's duties include:
(1)  providing recommendations to the executive director regarding activities of benefit to the holders of water rights in the administration and distribution of water to holders of water rights;
(2)  review and comment to the executive director on the annual budget of the watermaster operations;  and
(3)  other duties as may be requested by the executive director with regard to the watermaster operations or as requested by holders of water rights in a water division which the committee deems of benefit to the administration of water rights in water divisions.
Added by Acts 1997, 75th Leg., ch. 696, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.327. Duties of Watermaster

Sec. 11.327.  DUTIES OF WATERMASTER.  (a)  A watermaster shall divide the water of the streams or other sources of supply of his division in accordance with the adjudicated water rights.
(b)  A watermaster shall regulate or cause to be regulated the controlling works of reservoirs and diversion works in time of water shortage, as is necessary because of the rights existing in the streams of his division, or as is necessary to prevent the waste of water or its diversion, taking, storage, or use in excess of the quantities to which the holders of water rights are lawfully entitled.
(c)  A watermaster may regulate the distribution of water from any system of works that serves users whose rights have been separately determined.
(d)  A watermaster's duties shall not include activities which relate to other programs of the commission, except in situations of imminent threat to public health and safety or the environment.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 696, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.328. Watermaster's Notice Posted

Sec. 11.328.  WATERMASTER'S NOTICE POSTED.  If, in the performance of his duties, a watermaster regulates diversion works or the controlling works of reservoirs, he shall attach to the works a written notice, properly dated and signed, stating that the works have been properly regulated and are wholly under his control.  The notice is legal notice to all parties interested in the diversion and distribution of the water served by the diversion works or reservoir.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.3291. Watermaster Fund

Sec. 11.3291.  WATERMASTER FUND.  (a)  The watermaster fund is created as a special fund in the state treasury and shall be administered by the commission under this subchapter and rules adopted by the commission.
(b)  The legislature hereby appropriates without further legislative action any funds deposited in the watermaster's fund as provided in this subchapter.  The watermaster fund shall be used:  (1) to pay the compensation and expenses of the watermaster in each water division;  (2) to pay expenditures for equipment, facilities, and capital expenditures necessary to the watermaster operation when recommended by the watermaster advisory committee and the executive director and approved by the commission when hearings are required as provided in Section 11.329;  and (3) to pay into the general revenue fund for use without further appropriation for purposes of providing overhead and administrative expenses of the commission in an amount not greater than 10 percent times the approved annual budget under this subchapter in a water division.  Any amounts not used in one fiscal year shall be carried over and used for the following fiscal year's operational expenses of the watermaster.
(c)  The watermaster fund shall be accounted for separately according to the appropriate water division from which the watermaster's assessment is collected.
(d)  The watermaster fund shall consist of:
(1)  fees collected in each water division;
(2)  money from gifts, grants, or donations to the fund for designated or general lawful use;  and
(3)  money from any other source designated by the legislature or the commission.
(e)  The commission may invest, reinvest, and direct the investment of any available money in the fund as provided by law for the investment of money under Section 404.024, Government Code.
Added by Acts 1997, 75th Leg., ch. 696, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.330. Outlet for Free Passage of Water

Sec. 11.330.  OUTLET FOR FREE PASSAGE OF WATER.  The owner of any works for the diversion or storage of water shall maintain a substantial headgate at the point of diversion, or a gate on each discharge pipe of a pumping plant, constructed so that it can be locked at the proper place by the watermaster, or a suitable outlet in a dam to allow the free passage of water that the owner of the dam is not entitled to divert or impound.  The commission shall adopt rules, and the executive director shall enforce the rules, governing the type and location of the headgates or gates and the outlets to allow the free passage of water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.029, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.331. Measuring Devices

Sec. 11.331.  MEASURING DEVICES.  The commission, by rule, may require the owner of any works for the diversion, taking, storage, or distribution of water to construct and maintain suitable measuring devices at points that will enable the watermaster to determine the quantities of water to be diverted, taken, stored, released, or distributed in order to satisfy the rights of the respective users.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.029, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.332. Installation of Flumes

Sec. 11.332.  INSTALLATION OF FLUMES.  The commission, by rule, may require flumes to be installed along the line of any ditch if necessary for the protection of water rights or other property.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.029, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.333. Failure to Comply With Commission Rules

Sec. 11.333.  FAILURE TO COMPLY WITH COMMISSION RULES.  If the owner of waterworks using state water refuses or neglects to comply with the rules adopted pursuant to Section 11.330, 11.331, or 11.332 of this code, the executive director, after 10 days notice or after a period of additional time that is reasonable under the circumstances, may direct the watermaster to make adjustments of the control works to prevent the owner of the works from diverting, taking, storing, or distributing any water until he has fully complied with the rules.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.029, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.334. Suit Against Commission for Injury

Sec. 11.334.  SUIT AGAINST COMMISSION FOR INJURY.  Any person who is injured by an act of the commission under this subchapter may bring suit against the commission to review the action or to obtain an injunction.  If the water right involved has been adjudicated as provided in this subchapter, the court shall issue an injunction only if it is shown that the commission has failed to carry into effect the decree adjudicating the water right.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.029, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.335. Administration of Water Rights Not Adjudicated

Sec. 11.335.  ADMINISTRATION OF WATER RIGHTS NOT ADJUDICATED.  (a)  If any area in which water rights of record in the office of the commission have not been adjudicated, the claimants of the rights and the commission may enter into a written agreement for their administration.
(b)  An agreement made under authority of this section shall provide:
(1)  the basis and manner of distribution of the water to which the agreement relates;
(2)  the services of a special watermaster, and assistants if necessary, to carry out the agreement;  and
(3)  the allocation, collection, and payment of the annual costs of administration.
(c)  An agreement to administer unadjudicated water rights shall be recorded in the offices of the commission and of the county clerk of each county in which any of the works or lands affected by the agreement are located.
(d)  The administration of water rights by agreement is governed by the provisions of this subchapter except as regards allocation and payment of the expenses of the administration.
(e)  No agreement authorized by this section impairs any vested right to the use of water or creates any additional rights to the use of water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.030, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.336. Administration of Permits Issued After Adjudication

Sec. 11.336.  ADMINISTRATION OF PERMITS ISSUED AFTER ADJUDICATION.  Permits, other than temporary permits, that are issued by the commission to appropriate water from an adjudicated stream or segment are subject to administration in the same manner as is provided in this subchapter for adjudicated water rights.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.337. Hearings: Notice and Procedure

Sec. 11.337.  HEARINGS:  NOTICE AND PROCEDURE.  (a)  The commission shall give notice of a hearing or other proceeding it orders under this subchapter in the manner prescribed in the procedural rules of the commission, unless this subchapter specifically provides otherwise.
(b)  In any proceeding in any part of the state, the commission may:
(1)  take evidence, including the testimony of witnesses;
(2)  administer oaths;
(3)  issue subpoenas and compel the attendance of witnesses in the same manner as subpoenas are issued out of the courts of the state;
(4)  compel witnesses to testify and give evidence;  and
(5)  order the taking of depositions and issue commissions for the taking of depositions in the same manner as depositions are obtained in civil actions.
(c)  Evidence may be taken by a duly appointed reporter before the commission or before an authorized representative who has the power to administer oaths.
(d)  If a person neglects or refuses to comply with an order or subpoena issued by the commission or refuses to testify on any matter about which he may be lawfully interrogated, the commission may apply to a district court of the county in which the proceeding is held to punish him in the manner provided by law for such disobedience in civil actions.
(e)  The commission may adjourn its proceedings from time to time and from place to place.
(f)  When a proceeding before the commission is concluded, the commission shall render a decision as to the matters concerning which the proceeding was held.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.338. Cancellation of Water Rights

Sec. 11.338.  CANCELLATION OF WATER RIGHTS.  Nothing in this subchapter recognizes any abandoned or cancelled water right or impairs in any way the power of the commission under general law to forfeit, cancel, or find abandoned any water right, including adjudicated water rights.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.339. Underground Water Not Affected

Sec. 11.339.  UNDERGROUND WATER NOT AFFECTED.  This subchapter does not apply to underground water as defined in Chapter 52 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.340. Abatement of Certain Civil Suits

Sec. 11.340.  ABATEMENT OF CERTAIN CIVIL SUITS.  (a)  Nothing in this subchapter prevents or precludes a person who claims the right to divert water from a stream from filing and prosecuting to a conclusion a suit against other claimants of the right to divert or use water from the same stream.  However, if the commission has ordered a determination of water rights as provided in this subchapter or if the commission orders such a determination within 90 days after notice of the filing of a suit, the suit shall be abated on the motion of the commission or any party in interest as to any issues involved in the water rights determination.
(b)  If a suit is abated as provided in Subsection (a) of this section, the court may grant or continue any temporary relief necessary to preserve the status quo pending a final determination of the water rights involved.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.341. Limitation on Actions

Sec. 11.341.  LIMITATION ON ACTIONS.  This subchapter does not affect any action or proceeding instituted before August 28, 1967, or any right accrued before that date except those specifically provided for in this subchapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.401. Scope of Subchapter

Sec. 11.401.  SCOPE OF SUBCHAPTER.  The provisions of this subchapter apply to a suit if:
(1)  the state is a party;
(2)  the purpose of the suit is to determine the right of the parties to divert or use water of a surface stream;  and
(3)  rights are asserted to use water in, or divert water to, not more than four counties.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.402. Appointment and Authority of Watermaster

Sec. 11.402.  APPOINTMENT AND AUTHORITY OF WATERMASTER.  (a)  A court having jurisdiction over a suit described in Section 11.401 of this code may appoint a watermaster with power to allocate and distribute, under the supervision of the court, the water taken into judicial custody.
(b)  The court may not appoint a watermaster with authority to act both upstream and downstream from an existing reservoir on any surface stream of the state.  However, once a watermaster is appointed, the construction of a new reservoir does not invalidate his appointment or restrict his authority over that portion of the stream contemplated by the original order of appointment.
(c)  Under terms and conditions prescribed by the court, the watermaster may incur necessary expenses, appoint necessary deputies and assistants, and perform duties and assume responsibilities delegated to him by the court.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.403. Compensation of Watermaster

Sec. 11.403.  COMPENSATION OF WATERMASTER.  The court shall fix the compensation of the watermaster and his staff.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.404. Expenses and Assessment of Costs of Watermaster

Sec. 11.404.  EXPENSES AND ASSESSMENT OF COSTS OF WATERMASTER.  (a)  Except as provided by Subsection (e), the trial court shall assess the costs and expenses of the watermaster and his staff against all persons receiving an allocation of the water in judicial custody.  The court shall assess the costs and expenses monthly or at other time intervals ordered by the court.
(b)  The court shall assess the costs and expenses on the basis of:
(1)  acreage;
(2)  acre-feet of allocated water;
(3)  per capita;  or
(4)  any other formula the court, after notice and hearing, determines to be the most equitable.
(c)  During the pendency of an appeal, the trial court, in its discretion, may assess costs against some parties on one basis and against other parties on another basis.
(d)  The costs and expenses are not to be taxed as ordinary court costs, but are to be considered costs necessary to protect the rights and privileges of the parties receiving allocations of water during the litigation and are to be paid by those parties.
(e)  The court may not assess costs and expenses under this section against:
(1)  a holder of a non-priority hydroelectric right that owns or operates privately owned facilities that collectively have a capacity of less than two megawatts; or
(2)  a holder of a water right placed in the Texas Water Trust for a term of at least 20 years.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.19, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.19, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.405. Failure to Pay Assessed Costs

Sec. 11.405.  FAILURE TO PAY ASSESSED COSTS.  If the costs and expenses assessed are not paid within the time prescribed by the court, the court after notice and hearing may withdraw or limit allocations of water to any party failing or refusing to pay his share until all costs and expenses assessed against him are paid in full.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.406. Judicial Custody of Water During Appeal

Sec. 11.406.  JUDICIAL CUSTODY OF WATER DURING APPEAL.  If a party appeals the judgment of the trial court, that court may retain custody of the water which it has previously taken into judicial custody and over which it has appointed a watermaster.  Until final judgment is entered in the case, the trial court has exclusive jurisdiction to administer, allocate, and distribute the water retained in its custody, as provided in Section 11.407 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.407. Allocation and Distribution of Water During Appeal

Sec. 11.407.  ALLOCATION AND DISTRIBUTION OF WATER DURING APPEAL.  During the pendency of an appeal, the trial court shall limit the allocation and distribution of the water in its custody to the parties adjudicated to have a valid right to use the water.  However, if any party prosecutes an appeal and files a supersedeas bond, the trial court shall make any necessary adjustments in the water allocations and allocate to that party the same amount of water that he received during the proceedings in the trial court.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.408. Retention of Watermaster During Appeal

Sec. 11.408.  RETENTION OF WATERMASTER DURING APPEAL.  During the pendency of an appeal, the trial court may retain the watermaster in office with the same authority he had during the trial proceedings.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter H. Court-Appointed Watermaster › Section 11.409. Violations of Court Orders

Sec. 11.409.  VIOLATIONS OF COURT ORDERS.  If a party violates any order of the trial court either during trial proceedings or during an appeal, the trial court may limit or withdraw his allocation of water until he corrects the violation to the satisfaction of the court.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.451. Commission Authority

Sec. 11.451.  COMMISSION AUTHORITY.  On petition of 25 or more holders of water rights in a river basin or segment of a river basin or on its own motion the commission may authorize the executive director to appoint a watermaster for a river basin or segment of a river basin if the commission finds that the rights of senior water rights holders in the basin or segment of the basin are threatened.
Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.452. Procedure for Determination

Sec. 11.452.  PROCEDURE FOR DETERMINATION.  (a)  On receiving a petition for appointment of a watermaster or on its own motion, the commission shall call and hold a hearing to determine if a need exists for appointment of a watermaster for the river basin or segment of the river basin.
(b)  At the hearing persons who hold water rights in the river basin or segment of the river basin may appear before the commission and submit testimony and evidence relating to the need for appointment of a watermaster.
(c)  After the hearing, the commission shall make a written determination as to whether a threat exists to the rights of senior water rights holders in the river basin or segment of the river basin and shall issue an order either finding that a threat exists and directing appointment of a watermaster or denying appointment of a watermaster.
Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.453. Appointment of Watermaster

Sec. 11.453.  APPOINTMENT OF WATERMASTER.  (a)  On issuance of an order under Section 11.452 of this chapter directing appointment of a watermaster, the executive director shall appoint a watermaster for the river basin or segment of the river basin covered by the commission order.
(b)  A person appointed as a watermaster under this section may not be:
(1)  the holder of a water right in the river basin or segment of the river basin to be under his jurisdiction as watermaster;
(2)  a purchaser of water from the holder of a water right in the river basin or segment of the river basin under his jurisdiction as watermaster;  or
(3)  a landowner of any land adjacent to the river or segment of the river under his jurisdiction as watermaster.
(c)  A watermaster holds office until a successor is appointed.  The executive director may remove a watermaster at any time.
(d)  The executive director may employ assistant watermasters and other employees necessary to aid a watermaster in the discharge of his duties.
(e)  In a segment or basin in which the office of watermaster is vacant, the executive director has the powers of a watermaster.
(f)  The executive director shall supervise and generally direct the watermaster in the performance of his duties.  A watermaster is responsible to the executive director for the proper performance of his duties.
(g)  A person dissatisfied with any action of a watermaster may apply to the executive director for relief.
Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.4531. Watermaster Advisory Committee

Sec. 11.4531.  WATERMASTER ADVISORY COMMITTEE.  (a)  For each river basin or segment of a river basin for which the executive director appoints a watermaster under this subchapter, the executive director shall appoint a watermaster advisory committee consisting of at least nine but not more than 15 members.  A member of the advisory committee must be a holder of a water right or a representative of a holder of a water right in the river basin or segment of the river basin for which the watermaster is appointed.  In appointing members to the advisory committee, the executive director shall consider:
(1)  geographic representation;
(2)  amount of water rights held;
(3)  different types of holders of water rights and users, including water districts, municipal suppliers, irrigators, and industrial users; and
(4)  experience and knowledge of water management practices.
(b)  An advisory committee member is not entitled to reimbursement of expenses or to compensation.
(c)  An advisory committee member serves a two-year term expiring August 31 of each odd-numbered year and holds office until a successor is appointed.
(d)  The advisory committee shall meet within 30 days after the date the initial appointments have been made and shall select a presiding officer to serve a one-year term.  The committee shall meet regularly as necessary.
(e)  The advisory committee shall:
(1)  make recommendations to the executive director regarding activities of benefit to the holders of water rights in the administration and distribution of water to holders of water rights in the river basin or segment of the river basin for which the watermaster is appointed;
(2)  review and comment to the executive director on the annual budget of the watermaster operation; and
(3)  perform other advisory duties as requested by the executive director regarding the watermaster operation or as requested by holders of water rights and considered by the committee to benefit the administration of water rights in the river basin or segment of the river basin for which the watermaster is appointed.
Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.20, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.20, eff. September 1, 2007.