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Texas Property Code

§ 21.0121 — CONDEMNATION TO ACQUIRE WATER RIGHTS

PR § 21.0121Title 4. ACTIONS AND REMEDIES · Ch. 21. EMINENT DOMAIN · Art. B. PROCEDURE

Statute text

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(a)In addition to the contents prescribed by Section 21.012(b), a condemnation petition filed by a political subdivision of this state for the purpose of acquiring rights to groundwater or surface water must state that the facts to be proven are that the political subdivision has:
(1)prepared a drought contingency plan;
(2)developed and implemented a water conservation plan that will result in the highest practicable levels of water conservation and efficiency achievable in the political subdivision's jurisdiction;
(3)made a bona fide good faith effort to obtain practicable alternative water supplies to the water rights the political subdivision proposes to condemn;
(4)made a bona fide good faith effort to acquire the rights to the water the political subdivision proposes to condemn by voluntary purchase or lease; and
(5)made a showing that the political subdivision needs the water rights to provide for the domestic needs of the political subdivision within the next 10-year period.

Legislative history

Added by Acts 2003, 78th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2003.