Texas Water Code

§ 11.041 — DENIAL OF WATER: COMPLAINT

WA § 11.041Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 11. WATER RIGHTS · Art. B. RIGHTS IN STATE WATER

Statute text

(a)Any person entitled to receive or use water from any canal, ditch, flume, lateral, dam, reservoir, or lake or from any conserved or stored supply may present to the commission a written petition showing:

(1)that he is entitled to receive or use the water;

(2)that he is willing and able to pay a just and reasonable price for the water;

(3)that the party owning or controlling the water supply has water not contracted to others and available for the petitioner's use; and

(4)that the party owning or controlling the water supply fails or refuses to supply the available water to the petitioner, or that the price or rental demanded for the available water is not reasonable and just or is discriminatory.

(b)If the petition is accompanied by a deposit of $25, the executive director shall have a preliminary investigation of the complaint made and determine whether or not there are probable grounds for the complaint.

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.06, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 6, eff. September 1, 2013.