Texas Water Code

§ 11.139 — EMERGENCY AUTHORIZATIONS

WA § 11.139Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 11. WATER RIGHTS · Art. D. PERMITS TO USE STATE WATER

Statute text

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(a)Except as provided by Section 11.148 of this code, the commission may grant an emergency permit, order, or amendment to an existing permit, certified filing, or certificate of adjudication after notice to the governor for an initial period of not more than 120 days if the commission finds that emergency conditions exist which present an imminent threat to the public health and safety and which override the necessity to comply with established statutory procedures and there are no feasible practicable alternatives to the emergency authorization. Such emergency action may be renewed once for not longer than 60 days.

(b)A person desiring to obtain an emergency authorization under this section shall submit to the commission a sworn application containing the following information:

(1)a description of the condition of emergency justifying the granting of the emergency authorization;

(2)a statement setting forth facts which support the findings required under this section;

(3)an estimate of the dates on which the proposed authorization should begin and end;

(4)a description of the action sought and the activity proposed to be allowed, mandated, or prohibited; and

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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. 1.013, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, Sec. 3.03, eff. June 19, 1997.