Tex. Prop. Code Section 21.0121
Condemnation to Acquire Water Rights

(a)

In addition to the contents prescribed by Section 21.012 (Condemnation Petition)(b), a condemnation petition filed by a political subdivision of this state for the purpose of acquiring rights to groundwater or surface water must state that the facts to be proven are that the political subdivision has:

(1)

prepared a drought contingency plan;

(2)

developed and implemented a water conservation plan that will result in the highest practicable levels of water conservation and efficiency achievable in the political subdivision’s jurisdiction;

(3)

made a bona fide good faith effort to obtain practicable alternative water supplies to the water rights the political subdivision proposes to condemn;

(4)

made a bona fide good faith effort to acquire the rights to the water the political subdivision proposes to condemn by voluntary purchase or lease; and

(5)

made a showing that the political subdivision needs the water rights to provide for the domestic needs of the political subdivision within the next 10-year period.

(b)

A court shall deny the right to condemn unless the political subdivision proves to the court that the political subdivision has met the requirements of Subsection (a).
Added by Acts 2003, 78th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2003.

Source: Section 21.0121 — Condemnation to Acquire Water Rights, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­0121 (accessed Apr. 13, 2024).

21.001
Concurrent Jurisdiction 21.002
Transfer of Cases 21.003
District Court Authority 21.011
Standard Procedure 21.012
Condemnation Petition 21.013
Venue 21.014
Special Commissioners 21.015
Hearing 21.016
Notice 21.017
Alternative Pleadings 21.018
Appeal from Commissioners’ Findings 21.019
Dismissal of Condemnation Proceedings 21.020
Reinstatement of Condemnation Proceedings 21.021
Possession Pending Litigation 21.022
Authority of Courts 21.023
Disclosure of Information Required at Time of Acquisition 21.025
Production of Information by Certain Entities 21.041
Evidence 21.042
Assessment of Damages 21.043
Displacement from Dwelling or Place of Business 21.044
Damages from Temporary Possession 21.045
Title Acquired 21.046
Relocation Assistance Program 21.047
Assessment of Costs and Fees 21.048
Statement of Damages and Costs 21.049
Notice of Decision of Special Commissioners 21.061
Judgment on Commissioners’ Findings 21.062
Writ of Possession 21.063
Appeal 21.064
Injunctive Relief 21.065
Vested Interest 21.0101
Effect of Chapter on Survey Access Rights 21.101
Right of Repurchase 21.102
Notice to Previous Property Owner Required 21.103
Resale of Property 21.0111
Disclosure of Certain Information Required 21.0112
Provision of Landowner’s Bill of Rights Statement Required 21.0113
Bona Fide Offer Required 21.0114
Required Terms for Instruments of Conveyance of Certain Easements 21.0121
Condemnation to Acquire Water Rights 21.0195
Dismissal of Certain Condemnation Proceedings 21.0211
Payment of Ad Valorem Taxes 21.0421
Assessment of Damages: Groundwater Rights 21.1021
Requests for Information Regarding Condemned Property 21.1022
Limitations Period for Repurchase Right
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 21.0121’s source at texas​.gov