Title WA, Water Code

Sec. 7.358. OTHER REQUIREMENTS. In the case of a violation of Chapter 1903, Occupations Code, the regulatory authority of any local government may require compliance with any reasonable inspection requirements or ordinances or regulations designed to protect the public water supp…

Sec. 7.359. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT OF CIVIL PENALTY. In determining the amount of a civil penalty to be assessed in a suit brought by a local government under this subchapter, the trier of fact shall consider the factors described by Section 7.053. Added b…

Sec. 7.360. LIMITATIONS. A suit for a civil penalty that is brought by a local government under this subchapter must be brought not later than the fifth anniversary of the earlier of the date the person who committed the violation: (1) notifies the commission in writing of the vi…

Sec. 8.001. DEFINITIONS. In this chapter: (1) "Commission" means the Southwestern States Water Commission. (2) "Commissioner" means a member of the commission. (3) "Board" means the Texas Water Development Board. Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985. …

Sec. 8.011. CREATION OF COMMISSION. The Southwestern States Water Commission is created as an advisory commission to the governor and the legislature. Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985. Renumbered from Sec. 6.011 by Acts 1987, 70th Leg., ch. 167, S…

Sec. 8.013. COMMISSIONERS; APPOINTMENT. (a) The commission is composed of three commissioners as follows: (1) the governor or the governor's designee; (2) a member of the standing committee of the house of representatives that has jurisdiction over natural resources, appointed by…

Sec. 8.015. TERMS. (a) The two appointed commissioners serve staggered terms of four years, with the term of one appointed commissioner expiring on February 1 of each odd-numbered year. (b) Each appointed commissioner serves until the commissioner's successor is appointed. (c) A …

Sec. 8.016. CHAIRMAN. The governor or the governor's designee shall serve as chairman of the commission. Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985. Renumbered from Sec. 6.016 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(54), eff. Sept. 1, 1987. Amended b…

Sec. 8.017. COMMISSION MEETINGS. (a) The commission shall meet at least quarterly on a day and at a place within the state selected by it. (b) A meeting of the commission may be recessed at the discretion of the commission. (c) The chairman or two commissioners may call a special…

Sec. 8.019. ADMINISTRATIVE SUPPORT. The board shall provide administrative support to the commission to assist the commission in carrying out this chapter. Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985. Renumbered from Sec. 6.019 by Acts 1987, 70th Leg., ch. 1…

Sec. 8.020. SPECIAL REPRESENTATIVES. In cooperating with or carrying out discussions with a particular state under Section 8.051 of this code or in negotiating with a particular state under Section 8.056 of this code, the commission may appoint one or more persons who reside with…

Sec. 8.051. INTERACTION WITH OTHER STATES. (a) In cooperation with representatives of neighboring states, the commission may discuss the water needs of the region. (b) The commission may initiate and carry out discussions with representatives of neighboring states relating to the…

Sec. 8.052. INTERACTION WITH MEXICO. The commission may confer with the government of Mexico concerning water needs and development of sources of water supply. Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1985. Renumbered from Sec. 6.052 by Acts 1987, 70th Leg., c…

Sec. 8.054. DESIGNATING WATER DEFICIENT AREAS. The commission shall designate areas of the state in which the present and future water supply is not sufficient to meet the future requirements of those areas, even after giving full consideration to the effects of water conservatio…

Sec. 8.055. REPORTS. The commission shall make recommendations to the governor and to the legislature relating to potential water source areas and the necessary methods to bring the water to those areas in this state that need water. Added by Acts 1985, 69th Leg., ch. 39, Sec. 1,…

Sec. 8.056. COMPACTS. The commission may contact and negotiate with other states regarding the need for establishing interstate compacts, addressing groundwater problems, needs, and supplies, if an aquifer underlies several states, and addressing other related subjects that would…

Sec. 10.001. DEFINITIONS. In this chapter: (1) "Best management practices" has the meaning assigned by Section 11.002. (2) "Board" means the Texas Water Development Board. (3) "Commission" means the Texas Commission on Environmental Quality. (4) "Council" means the Water Conserva…

Sec. 10.002. PURPOSE. The council is created to provide the governor, lieutenant governor, speaker of the house of representatives, legislature, board, commission, political subdivisions, and public with the resource of a select council with expertise in water conservation. Added…

Sec. 10.003. CREATION AND MEMBERSHIP. (a) The council is composed of 23 members appointed by the board. The board shall appoint one member to represent each of the following entities or interest groups: (1) Texas Commission on Environmental Quality; (2) Department of Agriculture;…

Sec. 10.004. TERMS. (a) Members of the council serve staggered terms of six years, with seven or eight members' terms, as applicable, expiring August 31 of each odd-numbered year. (b) The board shall fill a vacancy on the council for the unexpired term by appointing a person who …

Sec. 10.005. PRESIDING OFFICER. The council members shall select one member as the presiding officer of the council to serve in that capacity until the person's term as a council member expires. Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007. A…

Sec. 10.006. COUNCIL STAFF. On request by the council, the board shall provide any necessary staff to assist the council in the performance of its duties. Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007. Added by Acts 2007, 80th Leg., R.S., Ch. …

Sec. 10.007. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) The council may hold public meetings as needed to fulfill its duties under this chapter. (b) The council is subject to Chapters 551 and 552, Government Code. Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, e…

Sec. 10.008. INAPPLICABILITY OF ADVISORY COMMITTEE LAW. Chapter 2110, Government Code, does not apply to the size, composition, or duration of the council. Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 3, eff. June 15, 2007. Added by Acts 2007, 80th Leg., R.S., Ch.…

Sec. 10.009. COMPENSATION OF MEMBERS. (a) Members of the council serve without compensation but may be reimbursed by legislative appropriation for actual and necessary expenses related to the performance of council duties. (b) Reimbursement under Subsection (a) is subject to the …

Sec. 10.010. POWERS AND DUTIES OF COUNCIL. The council shall: (1) monitor trends in water conservation implementation; (2) monitor new technologies for possible inclusion by the board as best management practices in the best management practices guide developed by the water conse…

Sec. 10.011. REPORT. Not later than December 1 of each even-numbered year, the council shall submit to the governor, lieutenant governor, and speaker of the house of representatives: (1) a report on progress made in water conservation in this state; and (2) recommendations for le…

Sec. 11.001. VESTED RIGHTS NOT AFFECTED. (a) Nothing in this code affects vested private rights to the use of water, except to the extent that provisions of Subchapter G of this chapter might affect these rights. (b) This code does not recognize any riparian right in the owner of…

Sec. 11.002. DEFINITIONS. In this chapter and in Chapter 12 of this code: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Board" means the Texas Water Development Board. (3) "Executive director" means the executive director of the Texas Commission on En…

Sec. 11.003. STREAMS THAT FORM BOUNDARIES INCLUDED. This chapter applies to all streams or other sources of water supply lying upon or forming a part of the boundaries of this state. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.

Sec. 11.004. COMMISSION TO RECEIVE CERTIFIED COPIES OF JUDGMENTS, ETC. When any court of record renders a judgment, decree, or order affecting the title to any water right, claim, appropriation, or irrigation facility or affecting any matter over which the commission is given sup…

Sec. 11.005. APPLICABILITY TO WORKS UNDER FEDERAL RECLAMATION ACT. This chapter applies to the construction, maintenance, and operation of irrigation works constructed in this state under the federal reclamation act, as amended (43 U.S.C. Sec. 371 et seq.), to the extent that thi…

Sec. 11.021. STATE WATER. (a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depre…

Sec. 11.022. ACQUISITION OF RIGHT TO USE STATE WATER. The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When the right to use state water is lawfully acquired, it may be taken or diverted from its nat…

Sec. 11.023. PURPOSES FOR WHICH WATER MAY BE APPROPRIATED. (a) To the extent that state water has not been set aside by the commission under Section 11.1471(a)(2) to meet downstream instream flow needs or freshwater inflow needs, state water may be appropriated, stored, or divert…

Sec. 11.0235. POLICY REGARDING WATERS OF THE STATE. (a) The waters of the state are held in trust for the public, and the right to use state water may be appropriated only as expressly authorized by law. (b) Maintaining the biological soundness of the state's rivers, lakes, bays,…

Sec. 11.0236. ENVIRONMENTAL FLOWS ADVISORY GROUP. (a) In recognition of the importance that the ecological soundness of our riverine, bay, and estuary systems and riparian lands has on the economy, health, and well-being of the state there is created the environmental flows advis…

Sec. 11.02361. TEXAS ENVIRONMENTAL FLOWS SCIENCE ADVISORY COMMITTEE. (a) The Texas environmental flows science advisory committee consists of at least five but not more than nine members appointed by the advisory group. (b) The advisory group shall appoint to the science advisory…

Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME RECOMMENDATIONS. (a) For the purposes of this section, the advisory group, not later than November 1, 2007, shall define the geographical extent of each river basin and bay system in this state for the sole purpose of develo…

Sec. 11.02363. PERIODIC REVIEW OF ENVIRONMENTAL FLOW STANDARDS; STATEWIDE WORK PLAN. (a) Periodically, the advisory group shall review the environmental flow standards for each river basin and bay system adopted by the commission under Section 11.1471. In conducting a review of t…

Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The commission may not issue a new permit for instream flows dedicated to environmental needs or bay and estuary inflows. The commission may approve an application to am…

Sec. 11.024. APPROPRIATION: PREFERENCES. In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy regarding the preferences between these uses, and it is therefore declared to …

Sec. 11.025. SCOPE OF APPROPRIATIVE RIGHT. A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to the amount which is being or can be beneficially used for the purposes specified in the appropriation…

Sec. 11.026. PERFECTION OF AN APPROPRIATION. No right to appropriate water is perfected unless the water has been beneficially used for a purpose stated in the original declaration of intention to appropriate water or stated in a permit issued by the commission or one of its pred…

Sec. 11.027. RIGHTS BETWEEN APPROPRIATORS. As between appropriators, the first in time is the first in right. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.

Sec. 11.0275. FAIR MARKET VALUE. Whenever the law requires the payment of fair market value for a water right, fair market value shall be determined by the amount of money that a willing buyer would pay a willing seller, neither of which is under any compulsion to buy or sell, fo…