In Texas, property owners have the right to intercept, seize, and use diffuse surface water on their land. Their rights are greater than those of the owners of adjacent lower land and those of the holders of rights to the streams to which the water could eventually flow. This includes activities such as irrigation, domestic use, livestock watering, manufacturing, mining, power generation, recreation, and aquaculture, as defined in Section 134.001 of the Agriculture Code. When placed or allowed to sink into the ground, water appropriate under subsections (a) (and (c) loses its character and classification as state water, stormwater, or flood water and is considered to filter groundwater.
The amount of water allocated for each purpose mentioned in this section shall be specifically allocated for that purpose, subject to the preferences prescribed in Section 11.024 of this code. The commission may authorize the allocation of a single quantity or volume of water for more than one purpose of use. In the event that a single quantity or volume of water is allocated for more than one purpose of use, the total amount of water actually diverted for all authorized purposes cannot exceed the total amount of water allocated. The 88th Legislature amended the following section. Pending the publication of the current statutes, see S, B.
Progress made in the implementation of Sections 11.02.361 and 11.02362; and (M) The advisory group is abolished on the date the commission has adopted the environmental flow standards under Section 11.471 for all river basin and bay systems in this state. G) The scientific advisory committee is abolished on the date the advisory group is abolished under Section 11.0236 (m).For a river basin and a bay system or a river basin that does not have an associated bay system in this state that is not listed in subsection (b), the advisory group shall establish a schedule for the development of recommendations on environmental flow regimes and the adoption of environmental flow standards. The advisory group will develop the schedule in consultation with the commission, the Parks and Wildlife Department, the relevant watershed and bay area stakeholder board and committee, and the scientific team that specializes in watersheds and bays. The advisory group may, on its own initiative or upon request, modify a schedule established in this subsection to better respond to particular circumstances, local wishes, changing conditions, or urgent conflicts.
This subsection does not prohibit, in a river basin and bay system for which the advisory group has not yet established a timeline for the development of recommendations on environmental flow regimes and the adoption of environmental flow standards, an effort to develop information on environmental flow needs and the ways in which those needs can be met through a voluntary process of consensus-building. The scientific advisory committee shall designate one of its members to serve as a liaison with each scientific expert team from basins and bays to facilitate the coordination and coherence of environmental flow activities throughout the state. The commission, the Parks and Wildlife Department, and the board shall provide technical assistance to each scientific team specializing in basins and bays, including information on studies conducted under Sections 16.058 and 16.059, and may act as non-voting members of the scientific team specializing in basins and bays to facilitate the development of recommendations on environmental flow regimes. Each scientific team specializing in basins and bays shall submit their environmental flow analyses and recommendations on the environmental flow regime to the relevant basin and bay area stakeholder committee, the advisory group, and the commission in accordance with the applicable schedule specified or established in subsection (c), (d), or (e). The Basin and Bay Area Stakeholder Committee and the Advisory Group cannot change the environmental flow analyses or the recommendations of the scientific team that specializes in watersheds and bays. Notwithstanding other provisions of this section, an estuary advisory council with specific functions related to implementation of permit conditions for environmental flows may continue in full force if it has been established by permission or order from Commission. The estuary advisory council shall add members from interested party groups and from appropriate scientific and technical groups if necessary to fully meet membership criteria set forth in subsection (f) and shall operate under provisions of this section. Each basin and bay area stakeholder committee and scientific team specializing in basins and bays are abolished on date when advisory group is abolished under Section 11.0236 (m).
State can sue to recover fine under subsection (b). Commission may exempt from requirements under subsection (a) person who has right to water or uses state water in area where master water operations are established. Each person who has water right issued by commission or who seize, divert or otherwise use state water must maintain water use information required monthly during months when water rights holder uses permitted water. Person must make information available to commission at request of commission within reasonable period established by Executive Director. Except as provided in subsection (a), commission may request information maintained under subsection (d) only during drought or other emergency water shortage or response to complaint. Subsection (e) does not affect authority of water master to obtain information on water use under other laws. Commission shall establish process by which report required under subsection (a) may be submitted electronically via Internet.
If party exercising power granted by this section is not corporation, district city or town it shall request commission to convict.
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