Texas Water Code

§ 11.087 — DIVERSION OF WATER ON INTERNATIONAL STREAM

WA § 11.087Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 11. WATER RIGHTS · Art. C. UNLAWFUL USE, DIVERSION, WASTE, ETC

Statute text

View on source

(a)When storm water or floodwater is released from a dam or reservoir on an international stream and the water is designated for use or storage downstream by a specified user who is legally entitled to receive it, no other person may store, divert, appropriate, or use the water or interfere with its passage downstream.

(b)The commission may make and enforce rules and orders to implement the provisions of this section, including rules and orders designed to:

(1)establish an orderly system for water releases and diversions in order to protect vested rights and to avoid the loss of released water;

(2)prescribe the time that releases of water may begin and end;

(3)determine the proportionate quantities of the released water in transit and the water that would have been flowing in the stream without the addition of the released water;

(4)require each owner or operator of a dam or reservoir on the stream between the point of release and the point of destination to allow free passage of the released water in transit; and

…

Legislative history

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.007, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1072, Sec. 6, 60(a)(1), eff. Sept. 1, 1997.