Texas Water Code

§ 11.303 — RECORDATION AND LIMITATION OF CERTAIN WATER RIGHTS CLAIMS

WA § 11.303Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 11. WATER RIGHTS · Art. G. WATER RIGHTS ADJUDICATION ACT

Statute text

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(a)This section applies to:

(1)claims of riparian water rights;

(2)claims under Section 11.143 of this code to impound, divert, or use state water for other than domestic or livestock purposes, for which no permit has been issued;

(3)claims of water rights under the Irrigation Acts of 1889 and 1895 which were not filed with the State Board of Water Engineers in accordance with the Irrigation Act of 1913, as amended; and

(4)other claims of water rights except claims under permits or certified filings.

(b)Any claim to which this section applies shall be recognized only if valid under existing law and only to the extent of the maximum actual application of water to beneficial use without waste during any calendar year from 1963 to 1967, inclusive. However, in any case where a claimant of a riparian right has prior to August 28, 1967, commenced or completed the construction of works designed to apply a greater quantity of water to beneficial use, the right shall be recognized to the extent of the maximum amount of water actually applied to beneficial use without waste during any calendar year from 1963 to 1970, inclusive.

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Legislative history

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p. 978, ch. 367, Sec. 2, eff. June 10, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.021, eff. Sept. 1, 1985.