reglab/statecodes huggingface dataset:
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 11.142. Permit Exemptions

Sec. 11.142.  PERMIT EXEMPTIONS.  (a)  Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than 200 acre-feet of water for domestic and livestock purposes.  A person who temporarily stores more than 200 acre-feet of water in a dam or reservoir described by this subsection is not required to obtain a permit for the dam or reservoir if the person can demonstrate that the person has not stored in the dam or reservoir more than 200 acre-feet of water on average in any 12-month period.  This exemption does not apply to a commercial operation.
Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.09
(b)  Without obtaining a permit, a person may construct on the person's property a dam or reservoir with normal storage of not more than 200 acre-feet of water for fish and wildlife purposes if the property on which the dam or reservoir will be constructed is qualified open-space land, as defined by Section 23.51, Tax Code.  This exemption does not apply to a commercial operation.
Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 1427, Sec. 1
(b)  Without obtaining a permit, a person may construct on the person's property in an unincorporated area a dam or reservoir with normal storage of not more than 200 acre-feet of water for commercial or noncommercial wildlife management, including fishing, but not including fish farming.
(c)  Without obtaining a permit, a person who is drilling and producing petroleum and conducting operations associated with drilling and producing petroleum may take for those purposes state water from the Gulf of Mexico and adjacent bays and arms of the Gulf of Mexico in an amount not to exceed one acre-foot during each 24-hour period.
(d)  Without obtaining a permit, a person may construct or maintain a reservoir as part of a surface coal mining operation under Chapter 134, Natural Resources Code, if the water in the reservoir is used solely for:
(1)  sediment control; or
(2)  compliance with applicable laws, rules, or regulations relating to fire or dust suppression.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 718, Sec. 1, eff. June 14, 1985;  Acts 1995, 74th Leg., ch. 335, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.11, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.09, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 63 (S.B. 1711), Sec. 1, eff. May 19, 2009.
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 11.1421. Permit Exemption for Mariculture Activities

Sec. 11.1421.  PERMIT EXEMPTION FOR MARICULTURE ACTIVITIES.  (a)  In this section, "mariculture" means the propagation and rearing of aquatic species, including shrimp, other crustaceans, finfish, mollusks, and other similar creatures in a controlled environment using brackish or marine water.
(b)  Without obtaining a permit and subject to the requirements and limitations provided by Subsections (c) through (e) of this section, a person who is engaged in mariculture operations on land may take for that purpose state water from the Gulf of Mexico and adjacent bays and arms of the Gulf of Mexico in an amount appropriate to those mariculture activities.
(c)  Before a person first takes water under Subsection (b) of this section, the person must give notice to the commission of the proposed appropriation.
(d)  Each appropriation of water made under Subsection (b) of this section shall be reported to the commission in the manner provided by the commission's rules.
(e)  After notice and hearing, if the commission determines that as a result of low freshwater inflows appropriation of water under Subsection (b) of this section would interfere with natural productivity of bays and estuaries, the commission shall issue an order requiring interruption or reduction of the appropriation.
Added by Acts 1987, 70th Leg., ch. 544, Sec. 2, eff. Aug. 31, 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 11.1422. Permit Exemption for Historic Cemeteries

Sec. 11.1422.  PERMIT EXEMPTION FOR HISTORIC CEMETERIES.  (a)  Without obtaining a permit, a tax-exempt nonprofit corporation that owns a cemetery may divert from a river not more than 200 acre-feet of water each year to irrigate the grounds of the cemetery if the cemetery:
(1)  borders the river;  and
(2)  is more than 100 years old.
(b)  The executive director or a watermaster who has jurisdiction over the river from which a cemetery diverts water under this section by order may restrict a diversion authorized by this section if the executive director or watermaster determines the diversion will harm a person downstream of the cemetery who acquired a water right before the date this section took effect.  The executive director or watermaster shall limit the restriction to the extent of the harm and to the period of the harm.
Added by Acts 1995, 74th Leg., ch. 183, Sec. 2, eff. May 23, 1995.
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 11.144. Approval for Alterations

Sec. 11.144.  APPROVAL FOR ALTERATIONS.  All holders of permits and certified filings shall obtain the approval of the commission before making any alterations, enlargements, extensions, or other changes to any reservoir, dam, main canal, or diversion work on which a permit has been granted or a certified filing recorded.  A detailed statement and plans for alterations or changes shall be filed with the commission and approved by the executive director before the alterations or changes are made.  This section does not apply to the ordinary maintenance or emergency repair of the facility.
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. 1.015, 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 11.145. When Construction Must Begin

Sec. 11.145.  WHEN CONSTRUCTION MUST BEGIN.  (a)  If a permit is for appropriation by direct diversion, construction of the proposed facilities shall begin within the time fixed by the commission, which shall not exceed two years after the date the permit is issued.  The appropriator shall work diligently and continuously to the completion of the construction.  The commission may, by entering an order of record, extend the time for beginning construction.  The commission may establish fees, not to exceed $1,000, for extending the time to begin construction of the proposed facilities.
(b)  If the permit contemplates construction of a storage reservoir, construction shall begin within the time fixed by the commission, not to exceed two years after the date the permit is issued.  The commission, by entering an order of record, may extend the time for beginning construction.  The commission may fix fees, not to exceed $1,000, for extending the time to begin construction of reservoirs.
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. 3, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.015, 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 11.146. Forfeitures and Cancellation of Permit for Inaction

Sec. 11.146.  FORFEITURES AND CANCELLATION OF PERMIT FOR INACTION.  (a)  If a permittee fails to begin construction within the time specified in Section 11.145 of this code, he forfeits all rights to the permit, subject to notice and hearing as prescribed by this section.
(b)  After beginning construction if the appropriator fails to work diligently and continuously to the completion of the work, the appropriation is subject to cancellation in whole or part, subject to notice and hearing as prescribed by this section.
(c)  If the commission believes that an appropriation or permit should be declared forfeited under this section or any other sections of this code, it should give the appropriator or permittee 30 days notice and provide him with an opportunity to be heard.
(d)  After the hearing, the commission by entering an order of record may cancel the appropriation in whole or part.  The commission shall immediately transmit a certified copy of the cancellation order by certified mail to the county clerk of the county in which the permit is recorded.  The county clerk shall record the cancellation order.
(e)  Except as provided by Section 11.1381 of this code, if a permit has been issued for the use of water, the water is not subject to a new appropriation until the permit has been cancelled in whole or part as provided by this section.
(f)  Except as provided by Subchapter E of this chapter, none of the provisions of this code may be construed as intended to impair, cause, or authorize or may impair, cause, or authorize the forfeiture of any rights acquired by any declaration of appropriation or by any permit if the appropriator has begun or begins the work and development contemplated by his declaration of appropriation or permit within the time provided by the law under which the declaration of appropriation was made or the permit was granted and has prosecuted or continues to prosecute it with all reasonable diligence toward completion.
(g)  This section does not apply to a permit for construction of a reservoir designed for the storage of more than 50,000 acre-feet of water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 405, Sec. 2, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 966, Sec. 2.10, eff. Sept. 1, 2001.
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 11.148. Emergency Suspension of Permit Conditions and Emergency Authority to Make Available Water Set Aside for Environmental Flows

Sec. 11.148.  EMERGENCY SUSPENSION OF PERMIT CONDITIONS AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR ENVIRONMENTAL FLOWS.  (a)  Permit conditions relating to beneficial inflows to affected bays and estuaries and instream uses may be suspended by the commission if the commission finds that an emergency exists and cannot practically be resolved in other ways.
(a-1)  State water that is set aside by the commission to meet the needs for freshwater inflows to affected bays and estuaries and instream uses under Section 11.1471(a)(2) may be made available temporarily for other essential beneficial uses if the commission finds that an emergency exists that cannot practically be resolved in another way.
(b)  Before the commission suspends a permit condition under Subsection (a) or makes water available temporarily under Subsection (a-1), it must give written notice to the Parks and Wildlife Department of the proposed action.  The commission shall give the Parks and Wildlife Department an opportunity to submit comments on the proposed action within 72 hours from such time and the commission shall consider those comments before issuing its order implementing the proposed action.
(c)  The commission may suspend the permit condition under Subsection (a) or make water available temporarily under Subsection (a-1) without notice to any other interested party other than the Parks and Wildlife Department as provided by Subsection (b).  However, all affected persons shall be notified immediately by publication, and a hearing to determine whether the suspension should be continued shall be held within 15 days of the date on which the order to suspend is issued.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 4.02.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.15, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.16, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.15, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.16, eff. September 1, 2007.
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 11.1491. Evaluation of Bays and Estuaries Data

Sec. 11.1491.  EVALUATION OF BAYS AND ESTUARIES DATA.  (a)  The Parks and Wildlife Department and the commission shall have joint responsibility to review the studies prepared under Section 16.058, to determine inflow conditions necessary for the bays and estuaries, and to provide information necessary for water resources management.  Each agency shall designate an employee to share equally in the oversight of the program.  Other responsibilities shall be divided between the Parks and Wildlife Department and the commission to maximize present in-house capabilities of personnel and to minimize costs to the state.  Each agency shall have reasonable access to all information produced by the other agency.  Publication of reports completed under this section shall be submitted for comment to the commission, the Parks and Wildlife Department, the advisory group, the science advisory committee, and any applicable basin and bay area stakeholders committee and basin and bay expert science team.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1351, Sec. 1.25, eff. September 1, 2007.
(c)  The board may authorize the use of money from the research and planning fund established by Chapter 15 of this code to accomplish the purposes of this section.  These funds shall be used by the commission in cooperation with the Parks and Wildlife Department for interagency contracts with cooperating agencies and universities, and contracts with private sector establishments, as necessary, to accomplish the purposes of this section.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 4.02.  Renumbered from Sec. 11.149 and amended by Acts 1987, 70th Leg., ch. 419, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.17, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.25, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.17, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.25, eff. September 1, 2007.
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 11.150. Effects of Permits on Water Quality

Sec. 11.150.  EFFECTS OF PERMITS ON WATER QUALITY.  In consideration of an application for a permit under this subchapter, the commission shall assess the effects, if any, of the issuance of the permit on water quality in this state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.001, 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 11.1501. Consideration and Revision of Plans

Sec. 11.1501.  CONSIDERATION AND REVISION OF PLANS.  In considering an application for a permit to store, take, or divert surface water, or for an amendment to a permit, certified filing, or certificate of adjudication, the commission shall consider the state water plan and any approved regional water plan for the area or areas in which the water is proposed to be stored, diverted, or used.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.02, eff. Sept. 1, 1997.
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 11.151. Effects of Permits on Groundwater

Sec. 11.151.  EFFECTS OF PERMITS ON GROUNDWATER.  In considering an application for a permit to store, take, or divert surface water, the commission shall consider the effects, if any, on groundwater or groundwater recharge.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.02, eff. Sept. 1, 1997.
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 11.152. Assessment of Effects of Permits on Fish and Wildlife Habitats

Sec. 11.152.  ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND WILDLIFE HABITATS.  In its consideration of an application for a permit to store, take, or divert water in excess of 5,000 acre feet per year, the commission shall assess the effects, if any, on the issuance of the permit on fish and wildlife habitats and may require the applicant to take reasonable actions to mitigate adverse impacts on such habitat.  In determining whether to require an applicant to mitigate adverse impacts on a habitat, the commission may consider any net benefit to the habitat produced by the project.  The commission shall offset against any mitigation required by the U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts 320-330 any mitigation authorized by this section.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.001, eff. Sept. 1, 1985.  Renumbered from Sec. 11.149 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(56), eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.002, eff. September 1, 2009.
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 11.153. Projects for Storage of Appropriated Water in Aquifers

Sec. 11.153.  PROJECTS FOR STORAGE OF APPROPRIATED WATER IN AQUIFERS.  (a)  In this section, "aquifer storage and recovery project" has the meaning assigned by Section 27.151.
(b)  A water right holder or a person who has contracted for the use of water under a contract that does not prohibit the use of the water in an aquifer storage and recovery project may undertake an aquifer storage and recovery project without obtaining any additional authorization under this chapter for the project.  A person described by this subsection undertaking an aquifer storage and recovery project must:
(1)  obtain any required authorizations under Subchapter G, Chapter 27, and Subchapter N, Chapter 36; and
(2)  comply with the terms of the applicable water right.
(c)  This section does not preclude the commission from considering an aquifer storage and recovery project to be a component of a project permitted under this chapter that is not required to be based on the continuous availability of historic, normal stream flow.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 505 , Sec. 5(1), eff. June 16, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 505 , Sec. 5(1), eff. June 16, 2015.
Added by Acts 1995, 74th Leg., ch. 309, Sec. 2, eff. June 5, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.03, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 1, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 5(1), eff. June 16, 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 11.155. Aquifer Storage and Recovery and Aquifer Recharge Reports

Sec. 11.155.  AQUIFER STORAGE AND RECOVERY AND AQUIFER RECHARGE REPORTS.  (a)  In this section:
(1)  "Aquifer recharge project" means a project involving the intentional recharge of an aquifer by means of an injection well authorized under Chapter 27 or other means of infiltration, including actions designed to:
(A)  reduce declines in the water level of the aquifer;
(B)  supplement the quantity of groundwater available;
(C)  improve water quality in an aquifer;
(D)  improve spring flows and other interactions between groundwater and surface water; or
(E)  mitigate subsidence.
(2)  "Aquifer storage and recovery project" has the meaning assigned by Section 27.151.
(b)  The board shall make studies, investigations, and surveys of the aquifers in the state to determine the occurrence, quantity, quality, and availability of aquifers in which aquifer storage and recovery projects or aquifer recharge projects are feasible.
(c)  The board, working with appropriate interested persons, including river authorities and major water providers and water utilities, regional water planning groups, groundwater conservation districts, and potential public sponsors of aquifer storage and recovery projects or aquifer recharge projects, shall:
(1)  conduct studies of aquifer storage and recovery projects and aquifer recharge projects identified in the state water plan or by interested persons; and
(2)  report the results of each study conducted under Subdivision (1) to regional water planning groups and interested persons.
Added by Acts 1995, 74th Leg., ch. 309, Sec. 2, eff. June 5, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.05, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1057, Sec. 9, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 2, eff. June 16, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1043 (H.B. 721), Sec. 1, eff. June 14, 2019.
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 11.157. Water for Use as Aquifer Recharge or in an Aquifer Storage and Recovery Project

Sec. 11.157.  WATER FOR USE AS AQUIFER RECHARGE OR IN AN AQUIFER STORAGE AND RECOVERY PROJECT.  (a)  Unappropriated water, including storm water and floodwater, may be appropriated for recharge into an aquifer underlying this state, including an aquifer recharge project as defined by Section 27.201.  Water appropriated for diversion and a beneficial use may be stored in an aquifer storage and recovery project, as defined by Section 27.151, before the water is recovered for that beneficial use.
(b)  The commission may authorize the appropriation of water under Subsection (a) if the commission determines that:
(1)  the water is not needed under Section 11.147 or 11.1471(a)(2), as applicable, to meet downstream instream flow needs or freshwater inflow needs;
(2)  the appropriation will accomplish a purpose established by Section 11.023; and
(3)  the application for the water right or amendment to the water right complies with Subsection (c).
(c)  A water right or an amendment to a water right authorizing a new appropriation of water for use under Subsection (a):
(1)  must comply with the requirements of Section 11.134;
(2)  must include any special conditions the commission considers necessary to implement this section; and
(3)  may be for water that is not continuously available.
(d)  Before approving an application for a water right or an amendment to a water right for a new appropriation of water in the Rio Grande basin under this section, the commission shall consider the water accounting requirements for any international water sharing treaty, minutes, and agreement applicable to the Rio Grande basin and the effect of the project on the allocation of water by the Rio Grande watermaster in the middle and lower Rio Grande.  The commission may not authorize a new appropriation of water that would result in a violation of a treaty or court decision.
(e)  An application for a water right or an amendment to a water right under this section is subject to the motion and hearing requirements of this subchapter.
(f)  Not later than the 180th day after the date the commission determines that a water right or an amendment to a water right under this section is administratively complete, the commission shall complete a technical review of the application.
(g)  The commission shall adopt rules providing for the considerations for determining the frequency that the water must be available before it may be appropriated.
Added by Acts 2019, 86th Leg., R.S., Ch. 742 (H.B. 720), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.171. Definitions

Sec. 11.171.  DEFINITIONS.  As used in this subchapter:
(1)  "Other interested person" means any person other than a record holder who is interested in the permit or certified filing or any person whose direct interest would be served by the cancellation of the permit or certified filing in whole or part.
(2)  "Certified filing" means a declaration of appropriation or affidavit that was filed with the State Board of Water Engineers under the provisions of Section 14, Chapter 171, General Laws, Acts of the 33rd Legislature, 1913, as amended.
(3)  "Certificate of adjudication" means a certificate issued by the commission under Section 11.323 of this code.
(4)  "Permit" means an authorization by the commission granting a person the right to use water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.172. General Principle

Sec. 11.172.  GENERAL PRINCIPLE.  A permit, certified filing, or certificate of adjudication is subject to cancellation in whole or part for 10 years nonuse as provided by this subchapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.174. Commission May Initiate Proceedings

Sec. 11.174.  COMMISSION MAY INITIATE PROCEEDINGS.  When the commission finds that its records do not show that some portion of the water has been used during the past 10 years, the executive director may initiate proceedings, terminated by public hearing, to cancel the permit, certified filing, or certificate of adjudication in whole or in part.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.016, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 309, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.175. Notice

Sec. 11.175.  NOTICE.  (a)  At least 45 days before the date of the hearing, the commission shall send notice of the hearing to the holder of the permit, certified filing, or certificate of adjudication being considered for cancellation in whole or in part.  Notice shall be sent by certified mail, return receipt requested, to the last address shown by the records of the commission.  The commission shall also send notice by regular mail to all other holders of permits, certified filings, certificates of adjudication, and claims of unadjudicated water rights filed pursuant to Section 11.303 of this code in the same watershed.
(b)  The commission shall also have the notice of the hearing published once a week for two consecutive weeks, at least 30 days before the date of the hearing, in a newspaper published in each county in which diversion of water from the source of supply was authorized or proposed to be made and in each county in which the water was authorized or proposed to be used, as shown by the records of the commission.  If in any such county no newspaper is published, then the notice may be published in a newspaper having general circulation in the county.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.176. Hearing

Sec. 11.176.  HEARING.  (a)  Except as provided by Subsection (b) of this section, the commission shall hold a hearing and shall give the holder of the permit, certified filing, or certificate of adjudication and other interested persons an opportunity to be heard and to present evidence on any matter pertinent to the questions at issue.
(b)  A hearing on the cancellation of a permit, certified filing, or certificate of adjudication as provided by this chapter is unnecessary if the right to such hearing is expressly waived by the affected holder of a permit, certified filing, or certificate of adjudication.
(c)  A permit, certified filing, or certificate of adjudication for a term does not vest in the holder of a permit, certified filing, or certificate of adjudication any right to the diversion, impoundment, or use of water for longer than the term of the permit, certified filing, or certificate of adjudication and shall expire and be cancelled in accordance with its terms without further need for notice or hearing.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.12, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.177. Commission Finding; Action

Sec. 11.177.  COMMISSION FINDING;  ACTION.  (a)  At the conclusion of the hearing, the commission shall cancel the permit, certified filing, or certificate of adjudication in whole or in part to the extent that it finds that:
(1)  the water or any portion of the water appropriated under the permit, certified filing, or certificate of adjudication has not been put to an authorized beneficial use during the 10-year period;  and
(2)  the holder has not used reasonable diligence in applying the water or the unused portion of the water to an authorized beneficial use or is otherwise unjustified in the nonuse.
(b)  In determining what constitutes reasonable diligence or a justified nonuse as used in Subsection (a)(2), the commission shall give consideration to:
(1)  whether sufficient water is available in the source of supply to meet all or part of the appropriation during the 10-year period of nonuse;
(2)  whether the nonuse is justified by the holder's participation in the federal Conservation Reserve Program or a similar governmental program as provided by Section 11.173(b)(1);
(3)  whether the existing or proposed authorized purpose and place of use are consistent with an approved regional water plan as provided by Section 16.053;
(4)  whether the permit, certified filing, or certificate of adjudication has been deposited into the Texas Water Bank as provided by Sections 15.7031 and 15.704 or whether it can be shown that the water right or water available under the right is currently being made available for purchase through private marketing efforts;  or
(5)  whether the permit, certified filing, or certificate of adjudication has been reserved to provide for instream flows or bay and estuary inflows.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 309, Sec. 6, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1010, Sec. 2.12, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.13, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.183. Reservoir

Sec. 11.183.  RESERVOIR.  If the holder of a permit, certified filing, or certificate of adjudication has facilities for the storage of water in a reservoir, the commission may allow him to retain the impoundment to the extent of the conservation storage capacity of the reservoir for domestic, livestock, or recreation purposes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.184. Municipal Certified Filing

Sec. 11.184.  MUNICIPAL CERTIFIED FILING.  Regardless of other provisions of this subchapter, no portion of a certified filing held by a city, town, village, or municipal water district, authorizing the use of water for municipal purposes, shall be cancelled if water has been put to use under the certified filing for municipal purposes at any time during the 10-year period immediately preceding the institution of cancellation proceedings.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.185. Effect of Inaction

Sec. 11.185.  EFFECT OF INACTION.  Failure to initiate cancellation proceedings under this subchapter does not validate or improve the status of any permit, certified filing, or certificate of adjudication in whole or in part.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter E. Cancellation of Permits, Certified Filings, and Certificates of Adjudication for Nonuse › Section 11.186. Subsequent Proceedings on Same Water Right

Sec. 11.186.  SUBSEQUENT PROCEEDINGS ON SAME WATER RIGHT.  Once cancellation proceedings have been initiated against a particular permit, certified filing, or certificate of adjudication and a hearing has been held, further cancellation proceedings shall not be initiated against the same permit, certified filing, or certificate of adjudication within the five-year period immediately following the date of the hearing.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.201. Artesian Well Defined

Sec. 11.201.  ARTESIAN WELL DEFINED.  An artesian well is an artificial water well in which the water, when properly cased, will rise by natural pressure above the first impervious stratum below the surface of the ground.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.202. Right to Drill Artesian Well

Sec. 11.202.  RIGHT TO DRILL ARTESIAN WELL.  (a)  Except as provided by this section, a person is entitled to drill an artesian well for domestic purposes or for stock raising without complying with the general provisions of this code regulating the use of water.
(b)  The artesian well must be on that person's own land and must be properly and securely cased.
(c)  When water is reached containing mineral or other substances injurious to vegetation or agriculture, the artesian well must be securely capped or its flow controlled so as not to injure another person's land or properly plugged so as to prevent the water from rising above the first impervious stratum below the surface of the ground.
(d)  Except as provided by Subsection (e) of this section, after September 1, 1991, and before January 1, 1994, a person may not drill and operate a free-flowing artesian well in a sole or principal source aquifer as designated by 40 C.F.R., Part 149, pursuant to Section 1424(e), Safe Drinking Water Act (42 U.S.C. 300h-3(e)) that will result in a flow of more than 5,000 gallons per minute or that is within 1,000 feet of another well if the combined flows would exceed 5,000 gallons per minute.
(e)  The commission may grant for a well an exemption from the prohibition provided by Subsection (d) of this section for any beneficial use that does not waste water.  The commission by rule may delegate the authority to grant exemptions under this subsection to a local water district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., 2nd C.S., ch. 4, Sec. 1, eff. Aug. 29, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.203. Artesian Well: Drilling Record

Sec. 11.203.  ARTESIAN WELL:  DRILLING RECORD.  A person who drills an artesian well or has one drilled shall keep a complete and accurate record of the depth, thickness, and character of the different strata penetrated and when the well is completed shall transmit a copy of the record to the commission by registered mail.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.017, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 13, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.204. Report of New Artesian Well

Sec. 11.204.  REPORT OF NEW ARTESIAN WELL.  Within one year after an artesian well is drilled, the owner or operator shall transmit to the commission a sworn report stating the result of the drilling operation, the use to which the water will be applied, and the contemplated extent of the use.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.018, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.205. Wasting Water From Artesian Well

Sec. 11.205.  WASTING WATER FROM ARTESIAN WELL.  Unless the water from an artesian well is used for a purpose and in a manner in which it may be lawfully used on the owner's land, it is waste and unlawful to wilfully cause or knowingly permit the water to run off the owner's land or to percolate through the stratum above which the water is found.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., 2nd C.S., ch. 4, Sec. 2, eff. Aug. 29, 1991;  Acts 1997, 75th Leg., ch. 1072, Sec. 14, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.206. Improperly Cased Well: Nuisance

Sec. 11.206.  IMPROPERLY CASED WELL:  NUISANCE.  An artesian well that is not tightly cased, capped, and furnished with mechanical appliances that readily and effectively prevent water from flowing out of the well and running over the surface of the ground above the well or wasting through the strata through which it passes is a public nuisance and subject to abatement by the executive director.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter F. Artesian Wells › Section 11.207. Annual Report

Sec. 11.207.  ANNUAL REPORT.  (a)  Not later than March 1 of each year, a person who during any part of the preceding calendar year owned or operated an artesian well for any purpose other than domestic use shall file a report to the commission on a form supplied by the commission.
(b)  The report shall state:
(1)  the quantity of water which was obtained from the well;
(2)  the nature of the uses to which the water was applied;
(3)  the change in the level of the well's water table;  and
(4)  other information required by the commission.
(c)  If water from the well was used for irrigation, the report shall also state the acreage and yield of each crop irrigated.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.019, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 6, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.301. Short Title

Sec. 11.301.  SHORT TITLE.  This subchapter may be cited as the Water Rights Adjudication Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.302. Declaration of Policy

Sec. 11.302.  DECLARATION OF POLICY.  The conservation and best utilization of the water resources of this state are a public necessity, and it is in the interest of the people of the state to require recordation with the commission of claims of water rights which are presently unrecorded, to limit the exercise of these claims to actual use, and to provide for the adjudication and administration of water rights to the end that the surface-water resources of the state may be put to their greatest beneficial use.  Therefore, this subchapter is in furtherance of the public rights, duties, and functions mentioned in this section and in response to the mandate expressed in Article XVI, Section 59 of the Texas Constitution and is in the exercise of the police powers of the state in the interest of the public welfare.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.020, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.304. Adjudication of Water Rights

Sec. 11.304.  ADJUDICATION OF WATER RIGHTS.  The water rights in any stream or segment of a stream may be adjudicated as provided in this subchapter:
(1)  on the commission's own motion;
(2)  on petition to the commission signed by 10 or more claimants of water rights from the source of supply;  or
(3)  on petition of the executive director.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.305. Investigation

Sec. 11.305.  INVESTIGATION.  (a)  Promptly after a petition is filed under Section 11.304 of this Code, the commission shall consider whether the adjudication would be in the public interest.  If the commission finds that an adjudication would be in the public interest, it shall enter an order to that effect, designating the stream or segment to be adjudicated.  The executive director shall have an investigation made of the area involved in order to gather relevant data and information essential to the proper understanding of the claims of water rights involved.  The results of the investigation shall be reduced to writing and made a matter of record in the commission office.
(b)  In connection with the investigation, the executive director shall have a map or plat made showing with substantial accuracy the course of the stream or segment and the location of reservoirs, diversion works, and places of use, including lands which are being irrigated or have facilities for irrigation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 978, ch. 367, Sec. 3, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.022, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter G. Water Rights Adjudication Act › Section 11.306. Notice of Adjudication

Sec. 11.306.  NOTICE OF ADJUDICATION.  (a)  The commission shall prepare a notice of adjudication which describes the stream or segment to be adjudicated and the date by which all claims of water rights in the stream or segment shall be filed with the commission.  The date shall not be less than 90 days after the date the notice is issued.
(b)  The notice shall be published once a week for two consecutive weeks in one or more newspapers having general circulation in the counties in which the stream or segment is located.
(c)  The notice shall also be sent by first-class mail to each claimant of water rights whose diversion is within the stream or segment to be adjudicated, to the extent that the claimants can reasonably be ascertained from the records of the commission.
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. 4, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.023, 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 11.307. Filing of Sworn Claims

Sec. 11.307.  FILING OF SWORN CLAIMS.  (a)  Every person claiming a water right of any nature, except for domestic or livestock purposes, from the stream or segment under adjudication shall file a sworn claim with the commission within the time prescribed in the notice of adjudication, including any extensions of the prescribed time, setting forth:
(1)  the name and post-office address of the claimant;
(2)  the location and nature of the right claimed, including a description of any permit or certified filing under which the claim is made;
(3)  the purpose of the use;
(4)  a description of works and irrigated land;  and
(5)  all other information necessary to show the nature and extent of the claim.
(b)  The commission shall prescribe forms for claims, but use of the commission forms is not mandatory.
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. 1.024, 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 11.308. Hearings on Claims; Notice

Sec. 11.308.  HEARINGS ON CLAIMS;  NOTICE.  The commission shall set a time and a place for hearing all claims.  Not less than 30 days before commencement of the hearings, the commission shall give notice of the hearings by certified mail to all persons who have filed claims in accordance with Section 11.307 of this code, or this notice may be included in the notice of adjudication provided in Section 11.306 of this code.  The hearings 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.