reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.454. Duties and Authority of the Watermaster

Sec. 11.454.  DUTIES AND AUTHORITY OF THE WATERMASTER.  Section 11.327 applies to the duties and authority of a watermaster appointed for a river basin or segment of a river basin under this subchapter in the same manner as that section applies to the duties and authority of a watermaster appointed for a water division under Subchapter G.
Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.21, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.21, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.455. Compensation and Expenses of Watermaster

Sec. 11.455.  COMPENSATION AND EXPENSES OF WATERMASTER.  (a)  Section 11.329 applies to the payment of the compensation and expenses of a watermaster appointed for a river basin or segment of a river basin under this subchapter in the same manner as that section applies to the payment of the compensation and expenses of a watermaster appointed for a water division under Subchapter G.
(b)  The executive director shall deposit the assessments collected under this section to the credit of the watermaster fund.
(c)  Money deposited under this section to the credit of the watermaster fund may be used only for the purposes specified by Section 11.3291 with regard to the watermaster operation under this subchapter with regard to which the assessments were collected.
Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.21, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.21, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.456. Maintaining Current Status

Sec. 11.456.  MAINTAINING CURRENT STATUS.  (a)  To protect water rights holders in a river basin or segment of a river basin during the proceedings under Section 11.452 of this code, the commission may issue an order or orders at the beginning of the proceedings under Section 11.452 of this code or may request the attorney general to seek injunctive relief to protect the water rights holders during the proceedings.
(b)  On request of the commission, the attorney general shall seek injunctive relief to carry out the purpose of Subsection (a) of this section.
(c)  The commission is not required to comply with the requirements of Chapter 2001, Government Code in issuing orders under Subsection (a) of this section and there is no right of appeal from those orders.
Added by Acts 1987, 70th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter I. Commission-Appointed Watermaster › Section 11.457. Assistance to Watermaster

Sec. 11.457.  ASSISTANCE TO WATERMASTER.  The executive director shall provide the watermaster with such staff and facilities as are necessary to carry out this subchapter.
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 11.458. Application of Subchapter

Sec. 11.458.  APPLICATION OF SUBCHAPTER.  This subchapter shall not apply to any river basin or segment of a river basin in which a watermaster has been appointed pursuant to Subchapter G or H of this chapter.
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 J. Wetlands › Section 11.501. Title of Act

Sec. 11.501.  TITLE OF ACT.  This Act shall be known and may be cited as the "Wetlands Act."
Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter J. Wetlands › Section 11.502. Definition

Sec. 11.502.  DEFINITION.  (1)  The definition of the term "wetlands" within the State of Texas, for purposes of the Clean Water Act, 33 U.S.C. 1311, 1344;  the Erodible Land and Wetland Conservation and Reserve Program, 16 U.S.C. 3801-3845;  the Emergency Wetlands Resources Act of 1986, 16 U.S.C. 3901-3932;  the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4370a, all statutory foundation for the Federal Wildlife Service's National Wetlands Inventory mapping, including the Water Bank Program for Wetlands Preservation, 16 U.S.C. 1301-1311;  the Water Resources development project (wetland areas), 42 U.S.C. 1962d-5e;  and the Migratory Bird Conservation Act, 16 U.S.C. 715-715r;  and all Texas laws, rules, and regulations adopted pursuant to Chapter 2001, Government Code and interpretation and implementation of any kind whatsoever of both federal and state laws by agencies of the state, including any amendment or revision thereto, relating to wetlands, means an area (including a swamp, marsh, bog, prairie pothole, or similar area) having a predominance of hydric soils that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances supports the growth and regeneration of hydrophytic vegetation.
(2)  The term "hydric soil" means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.
(3)  The term "hydrophytic vegetation" means a plant growing in: water or a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.
(4)  The term "wetlands" does not include:
(A)  irrigated acreage used as farmland;
(B)  man-made wetlands of less than one acre;  or
(C)  man-made wetlands not constructed with wetland creation as a stated objective, including but not limited to impoundments made for the purpose of soil and water conservation which have been approved or requested by soil and water conservation districts.
Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter J. Wetlands › Section 11.503. Applicability to Man-Made Wetlands

Sec. 11.503.  APPLICABILITY TO MAN-MADE WETLANDS.  Section 11.502(4)(C) applies only to man-made wetlands, the construction or creation of which commences on or after the effective date of this Act.
Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter J. Wetlands › Section 11.504. Applicability to Certain Mining-Related Activities

Sec. 11.504.  APPLICABILITY TO CERTAIN MINING-RELATED ACTIVITIES.  This Act shall not apply to surface mining and reclamation.
Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.003, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter J. Wetlands › Section 11.505. Applicability to State Revolving Loan Fund Program

Sec. 11.505.  APPLICABILITY TO STATE REVOLVING LOAN FUND PROGRAM.  This Act shall not apply to the state revolving loan fund program.
Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.004, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter J. Wetlands › Section 11.506. Conflict Between State and Federal Law

Sec. 11.506.  CONFLICT BETWEEN STATE AND FEDERAL LAW.  If the state definition conflicts with the federal definition in any manner, the federal definition prevails.
Added by Acts 1989, 71st Leg., ch. 1202, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.005, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.551. Definitions

Sec. 11.551.  DEFINITIONS.  In this subchapter:
(1)  "Advisory committee" means the Concho River Watermaster Advisory Committee appointed under Section 11.557.
(2)  "Executive director" means the executive director of the Texas Commission on Environmental Quality.
(3)  "Program" means the Concho River Watermaster Program, a division of the South Texas Watermaster established by the Texas Commission on Environmental Quality and operating pursuant to rules and regulations promulgated by the Texas Commission on Environmental Quality.
(4)  "Water right holder" means a person who holds a certificated right in water under the jurisdiction of the watermaster acting under this subchapter.
(5)  "Water user" means a person, including a water right holder, who uses water under the jurisdiction of the watermaster acting under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.552. Concho River Watermaster Program

Sec. 11.552.  CONCHO RIVER WATERMASTER PROGRAM.  The Concho River Watermaster Program is established to ensure compliance with water rights in the area described by Section 11.553.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.553. Jurisdiction of Watermaster

Sec. 11.553.  JURISDICTION OF WATERMASTER.  The geographical and jurisdictional boundaries of a watermaster acting under this subchapter shall be the Concho River segment of the Colorado River Basin that includes the Concho River and all of its tributaries, downstream on the main stem of the Concho River to a point on the Concho River prior to reaching, and upstream of the O. H. Ivie Reservoir located at and including the diversion point of Certificate of Adjudication No. 14-1393 (River Order No. 4954450000) in Concho County.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.554. Watermaster; Appointment of Deputy Watermaster

Sec. 11.554.  WATERMASTER; APPOINTMENT OF DEPUTY WATERMASTER.  (a)  The watermaster for the South Texas Watermaster Program shall serve as the watermaster for the program.
(b)  The watermaster shall appoint a deputy watermaster, who must reside in the area described by Section 11.553.
(c)  The watermaster or deputy watermaster may not be:
(1)  a water right holder in the river basin or segment of the river basin under the program's jurisdiction;
(2)  a purchaser of water from a water right holder in the river basin or segment of the river basin under the program's jurisdiction; or
(3)  a landowner of any land adjacent to the river or segment of the river under the program's jurisdiction.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.555. Duties and Authority of Watermaster

Sec. 11.555.  DUTIES AND AUTHORITY OF WATERMASTER.  The watermaster has the same duties and authority under the Concho River Watermaster Program as the watermaster has under the South Texas Watermaster Program.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.556. Appointment of Nonvoting Member of South Texas Watermaster Advisory Committee

Sec. 11.556.  APPOINTMENT OF NONVOTING MEMBER OF SOUTH TEXAS WATERMASTER ADVISORY COMMITTEE.  (a)  The executive director shall appoint a person who resides in the area described by Section 11.553 to the South Texas Watermaster Advisory Committee.
(b)  Except as otherwise provided by this section, Section 11.3261 applies to a member of the South Texas Watermaster Advisory Committee appointed under this section.
(c)  A member of the South Texas Watermaster Advisory Committee appointed under this section may attend all meetings of that committee and enter into discussions at the meetings, but the person may not vote at the meetings.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.557. Concho River Watermaster Advisory Committee

Sec. 11.557.  CONCHO RIVER WATERMASTER ADVISORY COMMITTEE.  (a)  The Concho River Watermaster Advisory Committee consists of 13 members appointed by the executive director as follows:
(1)  six members selected from nominations received, one representing the City of Paint Rock and one representing each of the following stream segments or tributaries of the Concho River: Spring Creek, Dove Creek, South Concho, Middle Concho, and main stem of the Concho below Certificate of Adjudication No. 14-1337 (River Order No. 5460010000);
(2)  six members selected from a list of candidates submitted by the City of San Angelo; and
(3)  one member selected at the executive director's discretion.
(b)  If the executive director does not receive nominations or a list of candidates as specified under Subsection (a), after reasonable notice the executive director may appoint to the advisory committee the appropriate number of members selected at the executive director's discretion.
(c)  If a vacancy occurs on the advisory committee, the executive director shall fill the vacancy for the unexpired term by appointing a person selected in the same manner as the person being replaced.
(d)  An advisory committee member shall serve for a term of two years.
(e)  An advisory committee member serves without compensation.
(f)  The advisory committee shall:
(1)  provide recommendations to the watermaster and deputy watermaster regarding activities of benefit to the water right holders in the administration and distribution of water;
(2)  advise the watermaster and deputy watermaster on complaints and enforcement matters;
(3)  review, hold a public hearing on, and make recommendations on the annual budget proposed by the watermaster so as to cover all costs of the Concho River Watermaster Program; and
(4)  provide assistance as requested by the watermaster, deputy watermaster, or water right holders.
(g)  Actions of the advisory committee in which a vote is taken must receive a two-thirds affirmative vote of the members present to be approved.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.558. Fees

Sec. 11.558.  FEES.  Fees assessed under the Concho River Watermaster Program shall be of the same type and rate as those assessed under the South Texas Watermaster Program but may be adjusted as necessary to pay all expenses of the Concho River Watermaster Program.  All costs of the Concho River Watermaster Program shall be assessed solely upon the water right holders subject to the Concho River Watermaster Program.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.559. Referendum

Sec. 11.559.  REFERENDUM.  (a)  On or after September 1, 2009, a water right holder may petition the advisory committee to conduct a referendum on the continuation of the program.
(b)  The advisory committee shall conduct a referendum if it receives a petition signed by at least 50 percent of the water right holders.
(c)  A referendum under this section must be held on a uniform election date, as provided by Section 41.001, Election Code.
(d)  Only current water right holders are eligible to vote in the referendum.
(e)  If at least 60 percent of the votes in the referendum favor discontinuing the program, the program shall be discontinued.
(f)  A referendum under this section cannot be held more than once every four years.
(g)  For purposes of this section, a water right holder shall be considered as one water right holder regardless of the number or amount of water rights held under a permit or certificate of adjudication.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.560. Colorado River Basin Watermaster Program

Sec. 11.560.  COLORADO RIVER BASIN WATERMASTER PROGRAM.  If a watermaster program is established for the entire Colorado River Basin, the Concho River Watermaster Program is discontinued, and the area described by Section 11.553 is under the jurisdiction of the watermaster for the Colorado River Basin Watermaster Program.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 11 - Water Rights › Subchapter K. Concho River Watermaster Program › Section 11.561. Applicability of Other Law and Commission Rules

Sec. 11.561.  APPLICABILITY OF OTHER LAW AND COMMISSION RULES.  A provision of this code or a rule adopted by the commission that relates to watermasters and does not conflict with the provisions of this subchapter applies to the program established under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 749 (H.B. 2815), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter A. General Provisions › Section 12.001. Definitions

Sec. 12.001.  DEFINITIONS.  The definitions contained in Subchapter A, Chapter 11 of this code apply to this chapter.
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 12 - Provisions Generally Applicable to Water Rights › Subchapter B. General Powers and Duties Relating to Water Rights › Section 12.011. Permit Applications

Sec. 12.011.  PERMIT APPLICATIONS.  The commission shall receive, administer, and act on all applications for permits and permit amendments:
(1)  to appropriate public water for beneficial use or storage;  or
(2)  to construct works for the impoundment, storage, diversion, or transportation of public water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.031, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter B. General Powers and Duties Relating to Water Rights › Section 12.012. Evaluation of Outstanding Permits

Sec. 12.012.  EVALUATION OF OUTSTANDING PERMITS.  The commission shall actively and continually evaluate outstanding permits and certified filings and shall carry out measures to cancel wholly or partially the certified filings and permits that are subject to cancellation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.031, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter B. General Powers and Duties Relating to Water Rights › Section 12.014. Use of Commission Surveys; Policy

Sec. 12.014.  USE OF COMMISSION SURVEYS;  POLICY.  The commission shall make use of surveys, studies, and investigations conducted by the staff of the commission in order to ascertain the character of the principal requirements of the district regional division of the watershed areas of the state for beneficial uses of water, to the end that distribution of the right to take and use state water may be more equitably administered in the public interest, that privileges granted for recognized uses may be economically coordinated so as to achieve the maximum of public value from the state's water resources, and that the distinct regional necessities for water control and conservation and for control of harmful floods may be recognized.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.031, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter B. General Powers and Duties Relating to Water Rights › Section 12.015. Power to Condemn Works

Sec. 12.015.  POWER TO CONDEMN WORKS.  (a)  The commission may condemn existing works if their existence or operation may, in the judgment of the commission, become a public menace or dangerous to life and property.
(b)  In all cases of proposed condemnation, the commission shall notify the interested party of the contemplated action and shall specify a time for him to appear and be heard.
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 12 - Provisions Generally Applicable to Water Rights › Subchapter B. General Powers and Duties Relating to Water Rights › Section 12.016. Power to Inspect

Sec. 12.016.  POWER TO INSPECT.  The executive director or his authorized agent may inspect any impoundment, diversion, or distribution works during construction to determine whether or not they are being constructed in a safe manner and whether or not they are being constructed according to the order of 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 12 - Provisions Generally Applicable to Water Rights › Subchapter B. General Powers and Duties Relating to Water Rights › Section 12.017. Power to Enter Land

Sec. 12.017.  POWER TO ENTER LAND.  Any member or employee of the commission may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that would, in the judgment of the executive director, assist the commission in the discharge of its duties.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.031, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter C. Projects › Section 12.053. Inventory of Dams Operated by River Authorities

Sec. 12.053.  INVENTORY OF DAMS OPERATED BY RIVER AUTHORITIES.  (a)  This section applies only to a river authority described by Section 325.025(b), Government Code.
(b)  Each river authority shall provide to the commission information regarding the operation and maintenance of dams under the control of that river authority.  The commission by rule shall require a river authority to provide for each dam under its control at least the following information:
(1)  the location of the dam;
(2)  under whose jurisdiction the dam operates;
(3)  a required maintenance schedule for the dam;
(4)  costs of the operation and maintenance of the dam; and
(5)  the method of finance for the operation and maintenance costs of the dam.
(c)  A river authority shall submit the information required by Subsection (b) to the commission each year and in the event of a significant change in the information.
(d)  Subject to federal and state confidentiality laws, the commission shall create and maintain an Internet website that contains the information collected under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 574 (S.B. 600), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter D. Water Districts › Section 12.081. Continuing Right of Supervision of Districts and Authorities Created Under Article Iii, Section 52 and Article Xvi, Section 59 of the Texas Constitution

Sec. 12.081.  CONTINUING RIGHT OF SUPERVISION OF DISTRICTS AND AUTHORITIES CREATED UNDER ARTICLE III, SECTION 52 AND ARTICLE XVI, SECTION 59 OF THE TEXAS CONSTITUTION.  (a)  The powers and duties of all districts and authorities created under Article III, Section 52 and Article XVI, Section 59 of the Texas Constitution are subject to the continuing right of supervision of the State of Texas by and through the commission or its successor, and this supervision may include but is not limited to the authority to:
(1)  inquire into the qualifications of the officers and directors of any district or authority;
(2)  require, on its own motion or on complaint by any person, audits or other financial information, inspections, evaluations, and engineering reports;
(3)  issue subpoenas for witnesses to carry out its authority under this subsection;
(4)  institute investigations and hearings using examiners appointed by the commission;
(5)  issue rules necessary to supervise the districts and authorities, except that such rules shall not apply to water quality ordinances adopted by any river authority which meet or exceed minimum requirements established by the commission;
(6)  issue a permit under Chapter 361, Health and Safety Code, notwithstanding a district's rule or objection; and
(7)  the right of supervision granted herein shall not apply to matters relating to electric utility operations.
(b)  The commission shall prepare and submit to the governor, lieutenant governor, and speaker of the house a report of any findings made under this section.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.034, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 196, Sec. 2, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 11.283, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 608 (S.B. 911), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter D. Water Districts › Section 12.083. Districts; Creation, Investigations and Bonds

Sec. 12.083.  DISTRICTS;  CREATION, INVESTIGATIONS AND BONDS.  (a)  The commission succeeds to the duties and responsibilities of the Texas Water Rights Commission with regard to the creation of districts as defined by Section 50.001(1) of this code and to approve or disapprove the issuance of the bonds of all such districts.
(b)  The executive director shall investigate and report on the organization and feasibility of all districts as defined by Section 50.001(1) 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 12 - Provisions Generally Applicable to Water Rights › Subchapter E. Fees › Section 12.112. Fees: Exemptions

Sec. 12.112.  FEES:  EXEMPTIONS.  (a)  The commission, the board, and the Parks and Wildlife Commission are exempted from payment of any filing, recording, or use fees required by this code.
(b)  The board is exempt from payment of any other fees required by this code or any other statute relating to applications for water rights or amendments thereto or relating to water resources administration to the extent the board has not contracted for the sale of water under a water right on which such fees are based.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.036, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 647, Sec. 4, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter E. Fees › Section 12.113. Disposition of Fees, Etc

Sec. 12.113.  DISPOSITION OF FEES, ETC.  (a)  The commission shall immediately deposit in the State Treasury the fees and charges it collects.
(b)  The commission shall deposit all costs collected under Subchapter G, Chapter 11 of this code in the State Treasury to the credit of the watermaster administration account, from which the commission shall pay all expenses necessary to efficiently administer and perform the duties described in Sections 11.325 through 11.335 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.036, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 333, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 12 - Provisions Generally Applicable to Water Rights › Subchapter E. Fees › Section 12.114. Disposition of Fees Pending Determination

Sec. 12.114.  DISPOSITION OF FEES PENDING DETERMINATION.  The commission shall hold all fees, except filing fees, which are paid with an application until the commission finally determines whether the application should be granted.  If the application is not granted, the commission shall return the fees to the applicant.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.036, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter A. General Provisions › Section 13.001. Legislative Policy and Purpose

Sec. 13.001.  LEGISLATIVE POLICY AND PURPOSE.  (a)  This chapter is adopted to protect the public interest inherent in the rates and services of retail public utilities.
(b)  The legislature finds that:
(1)  retail public utilities are by definition monopolies in the areas they serve;
(2)  the normal forces of competition that operate to regulate prices in a free enterprise society do not operate for the reason stated in Subdivision (1) of this subsection;  and
(3)  retail public utility rates, operations, and services are regulated by public agencies, with the objective that this regulation will operate as a substitute for competition.
(c)  The purpose of this chapter is to establish a comprehensive regulatory system that is adequate to the task of regulating retail public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the retail public utilities.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter A. General Provisions › Section 13.003. Applicability of Administrative Procedure and Texas Register Act

Sec. 13.003.  APPLICABILITY OF ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT.  Chapter 2001, Government Code applies to all proceedings under this chapter except to the extent inconsistent with this chapter.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter A. General Provisions › Section 13.004. Jurisdiction of Utility Commission Over Certain Water Supply or Sewer Service Corporations

Sec. 13.004.  JURISDICTION OF UTILITY COMMISSION OVER CERTAIN WATER SUPPLY OR SEWER SERVICE CORPORATIONS.  (a)  Notwithstanding any other law, the utility commission has the same jurisdiction over a water supply or sewer service corporation that the utility commission has under this chapter over a water and sewer utility if the utility commission finds that the water supply or sewer service corporation:
(1)  is failing to conduct annual or special meetings in compliance with Section 67.007; or
(2)  is operating in a manner that does not comply with the requirements for classifications as a nonprofit water supply or sewer service corporation prescribed by Sections 13.002(11) and (24).
(b)  If the water supply or sewer service corporation voluntarily converts to a special utility district operating under Chapter 65, the utility commission's jurisdiction provided by this section ends.
Added by Acts 2005, 79th Leg., Ch. 1057 (H.B. 1358), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.09, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter B. Administrative Provisions › Section 13.011. Employees

Sec. 13.011.  EMPLOYEES.  (a)  The utility commission and the executive director of the commission, subject to approval, as applicable, by the utility commission or the commission, shall employ any engineering, accounting, and administrative personnel necessary to carry out each agency's powers and duties under this chapter.
(b)  The executive director and the commission's staff are responsible for the gathering of information relating to all matters within the jurisdiction of the commission under this subchapter.  The utility commission and the utility commission's staff are responsible for the gathering of information relating to all matters within the jurisdiction of the utility commission under this subchapter. The duties of the utility commission, the executive director, and the staff of the utility commission or commission, as appropriate, include:
(1)  accumulation of evidence and other information from water and sewer utilities, from the utility commission or commission, as appropriate, and the governing body of the respective agency, and from other sources for the purposes specified by this chapter;
(2)  preparation and presentation of evidence before the utility commission or commission, as appropriate, or its appointed examiner in proceedings;
(3)  conducting investigations of water and sewer utilities under the jurisdiction of the utility commission or commission, as appropriate;
(4)  preparation of recommendations that the utility commission or commission, as appropriate, undertake an investigation of any matter within its jurisdiction;
(5)  preparation of recommendations and a report for inclusion in the annual report of the utility commission or commission, as appropriate;
(6)  protection and representation of the public interest before the utility commission or commission, as appropriate; and
(7)  other activities that are reasonably necessary to enable the utility commission and the executive director and the staff of the utility commission or commission, as appropriate, to perform their duties.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.10, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter B. Administrative Provisions › Section 13.014. Attorney General to Represent Commission or Utility Commission

Sec. 13.014.  ATTORNEY GENERAL TO REPRESENT COMMISSION OR UTILITY COMMISSION.  The attorney general shall represent the commission or the utility commission under this chapter in all matters before the state courts and any court of the United States.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.11, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter B. Administrative Provisions › Section 13.015. Informal Proceeding

Sec. 13.015.  INFORMAL PROCEEDING.  A proceeding involving a retail public utility as defined by Section 13.002 of this code may be an informal proceeding, except that the proceeding is subject to the public notice requirements of this chapter and the rules and orders of the regulatory authority involved.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 3, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter B. Administrative Provisions › Section 13.016. Record of Proceedings; Right to Hearing

Sec. 13.016.  RECORD OF PROCEEDINGS;  RIGHT TO HEARING.  A record shall be kept of all proceedings before the regulatory authority, unless all parties waive the keeping of the record, and all the parties are entitled to be heard in person or by attorney.
Added by Acts 1987, 70th Leg., ch. 539, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter B. Administrative Provisions › Section 13.017. Office of Public Utility Counsel; Powers and Duties

Sec. 13.017.  OFFICE OF PUBLIC UTILITY COUNSEL; POWERS AND DUTIES.  (a)  In this section, "counsellor" and "office" have the meanings assigned by Section 11.003, Utilities Code.
(b)  The independent Office of Public Utility Counsel represents the interests of residential and small commercial consumers under this chapter.  The office:
(1)  shall assess the effect of utility rate changes and other regulatory actions on residential consumers in this state;
(2)  shall advocate in the office's own name a position determined by the counsellor to be most advantageous to a substantial number of residential consumers;
(3)  may appear or intervene, as a party or otherwise, as a matter of right on behalf of:
(A)  residential consumers, as a class, in any proceeding before the utility commission, including an alternative dispute resolution proceeding; and
(B)  small commercial consumers, as a class, in any proceeding in which the counsellor determines that small commercial consumers are in need of representation, including an alternative dispute resolution proceeding;
(4)  may initiate or intervene as a matter of right or otherwise appear in a judicial proceeding:
(A)  that involves an action taken by an administrative agency in a proceeding, including an alternative dispute resolution proceeding, in which the counsellor is authorized to appear; or
(B)  in which the counsellor determines that residential consumers or small commercial consumers are in need of representation;
(5)  is entitled to the same access as a party, other than utility commission staff, to records gathered by the utility commission under Section 13.133;
(6)  is entitled to discovery of any nonprivileged matter that is relevant to the subject matter of a proceeding or petition before the utility commission;
(7)  may represent an individual residential or small commercial consumer with respect to the consumer's disputed complaint concerning retail utility services that is unresolved before the utility commission;
(8)  may recommend legislation to the legislature that the office determines would positively affect the interests of residential and small commercial consumers; and
(9)  may conduct consumer outreach and education programs for residential and small commercial consumers.
(c)  This section does not:
(1)  affect a duty the office is required to perform under other law; or
(2)  limit the authority of the utility commission to represent residential or small commercial consumers.
(d)  The appearance of the counsellor in a proceeding does not preclude the appearance of other parties on behalf of residential or small commercial consumers.  The counsellor may not be grouped with any other party.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.12, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter C. Jurisdiction › Section 13.042. Jurisdiction of Municipality; Original and Appellate Jurisdiction of Utility Commission

Sec. 13.042.  JURISDICTION OF MUNICIPALITY; ORIGINAL AND APPELLATE JURISDICTION OF UTILITY COMMISSION.  (a)  Subject to the limitations imposed in this chapter and for the purpose of regulating rates and services so that those rates may be fair, just, and reasonable and the services adequate and efficient, the governing body of each municipality has exclusive original jurisdiction over all water and sewer utility rates, operations, and services provided by a water and sewer utility within its corporate limits.
(b)  The governing body of a municipality by ordinance may elect to have the utility commission exercise exclusive original jurisdiction over the utility rates, operation, and services of utilities, within the incorporated limits of the municipality.
(c)  The governing body of a municipality that surrenders its jurisdiction to the utility commission may reinstate its jurisdiction by ordinance at any time after the second anniversary of the date on which the municipality surrendered its jurisdiction to the utility commission, except that the municipality may not reinstate its jurisdiction during the pendency of a rate proceeding before the utility commission.  The municipality may not surrender its jurisdiction again until the second anniversary of the date on which the municipality reinstates jurisdiction.
(d)  The utility commission shall have exclusive appellate jurisdiction to review orders or ordinances of those municipalities as provided in this chapter.
(e)  The utility commission shall have exclusive original jurisdiction over water and sewer utility rates, operations, and services not within the incorporated limits of a municipality exercising exclusive original jurisdiction over those rates, operations, and services as provided in this chapter.
(f)  This subchapter does not give the utility commission power or jurisdiction to regulate or supervise the rates or service of a utility owned and operated by a municipality, directly or through a municipally owned corporation, within its corporate limits or to affect or limit the power, jurisdiction, or duties of a municipality that regulates land and supervises water and sewer utilities within its corporate limits, except as provided by this code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 6, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 5, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.14, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 14, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter C. Jurisdiction › Section 13.0421. Rates Charged by Certain Municipally Owned Utilities

Sec. 13.0421.  RATES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.  (a)  This section applies to a municipally owned water and sewer utility that on January 1, 1989, required some or all of its wholesale customers to assess a surcharge for service against residential customers who reside outside the municipality's municipal boundaries.
(b)  A municipality may not require a municipal utility district to assess a surcharge against users of water or sewer service prior to the annexation of the municipal utility district.
Added by Acts 1989, 71st Leg., ch. 567, Sec. 8, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter C. Jurisdiction › Section 13.0431. Appeals by Retail Public Utilities

Sec. 13.0431.  APPEALS BY RETAIL PUBLIC UTILITIES.  (a)  In an appeal under Section 13.043(f) on the amount paid for water or sewer service under a written contract, the utility commission may not hold a hearing on or otherwise prescribe just and reasonable amounts to be charged under the contract unless the utility commission determines that the amount charged under the contract harms the public interest.  A determination under this subsection becomes final for purposes of appeal in the manner provided by Section 2001.144, Government Code.
(b)  A party adversely affected by a determination under Subsection (a) may seek judicial review of the determination.  Judicial review of a determination under Subsection (a) shall be by trial de novo.
(c)  The utility commission shall abate proceedings on the contract in the event of an appeal under Subsection (b) until the entry of a final judicial determination that a rate charged under the contract harms the public interest.
(d)  Chapter 2001, Government Code, applies to an appeal under Subsection (b).
(e)  The utility commission shall, before holding a hearing on or otherwise prescribing a just and reasonable rate to be charged under the contract, allow the contracting parties to amend the amount charged under the contract until at least 60 days after the date:
(1)  of a final judicial determination in an appeal under Subsection (b) that a rate charged under the contract harms the public interest; or
(2)  the determination made under Subsection (a) became final if a motion for rehearing was not filed on time.
(f)  If the parties amend their contract under Subsection (e), a party may challenge before the utility commission the rate paid under the amended contract only:
(1)  after the 5th anniversary of the date of the contract amendment; or
(2)  during a period agreed to by the parties that begins after the 5th anniversary of the date of the contract amendment and ends on or before the 25th anniversary of that date.
Added by Acts 2021, 87th Leg., R.S., Ch. 307 (S.B. 997), Sec. 2, eff. September 1, 2021.