Texas Water Code

§ 36.105 — EMINENT DOMAIN

WA § 36.105Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. D. POWERS AND DUTIES

Statute text

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(a)A district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property if that property interest is:

(1)within the boundaries of the district; and

(2)necessary for conservation purposes, including recharge and reuse.

(b)The power of eminent domain authorized in this section may not be used for the condemnation of land for the purpose of:

(1)acquiring rights to groundwater, surface water or water rights; or

(2)production, sale, or distribution of groundwater or surface water.

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Legislative history

Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 560, Sec. 3, eff. Sept. 1, 2003.