Tex. Water Code Section 11.002
Definitions


In this chapter and in Chapter 12 (Provisions Generally Applicable to Water Rights) of this code:

(1)

“Commission” means the Texas Commission on Environmental Quality.

(2)

“Board” means the Texas Water Development Board.

(3)

“Executive director” means the executive director of the Texas Commission on Environmental Quality.

(4)

“Beneficial use” means use of the amount of water which is economically necessary for a purpose authorized by this chapter, when reasonable intelligence and reasonable diligence are used in applying the water to that purpose and shall include conserved water.

(5)

“Water right” means a right acquired under the laws of this state to impound, divert, or use state water.

(6)

“Appropriator” means a person who has made beneficial use of any water in a lawful manner under the provisions of any act of the legislature before the enactment of Chapter 171, General Laws, Acts of the 33rd Legislature, 1913, as amended, and who has filed with the State Board of Water Engineers a record of his appropriation as required by the 1913 Act, as amended, or a person who makes or has made beneficial use of any water within the limitations of a permit lawfully issued by the commission or one of its predecessors.

(7)

Renumbered as subd. (6) by Acts 1985, 69th Leg., ch. 795, Sec. 1.003, eff. Sept. 1, 1985.

(8)

“Conservation” means:

(A)

the development of water resources; and

(B)

those practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses.

(9)

“Conserved water” means that amount of water saved by a holder of an existing permit, certified filing, or certificate of adjudication through practices, techniques, and technologies that would otherwise be irretrievably lost to all consumptive beneficial uses arising from storage, transportation, distribution, or application.

(10)

“Surplus water” means water in excess of the initial or continued beneficial use of the appropriator.

(11)

“River basin” means a river or coastal basin designated by the board as a river basin under Section 16.051 (State Water Plan: Drought, Conservation, Development, and Management; Effect of Plan). The term does not include waters originating in the bays or arms of the Gulf of Mexico.

(12)

“Agriculture” means any of the following activities:

(A)

cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers;

(B)

the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, by a nursery grower;

(C)

raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value;

(D)

raising or keeping equine animals;

(E)

wildlife management;

(F)

planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure; and

(G)

aquaculture, as defined by Section 134.001 (Definitions), Agriculture Code.

(13)

“Agricultural use” means any use or activity involving agriculture, including irrigation.

(14)

“Nursery grower” means a person who grows more than 50 percent of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, “grow” means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings.

(15)

“Environmental flow analysis” means the application of a scientifically derived process for predicting the response of an ecosystem to changes in instream flows or freshwater inflows.

(16)

“Environmental flow regime” means a schedule of flow quantities that reflects seasonal and yearly fluctuations that typically would vary geographically, by specific location in a watershed, and that are shown to be adequate to support a sound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies.

(17)

“Environmental flow standards” means those requirements adopted by the commission under Section 11.1471 (Environmental Flow Standards and Set-asides).

(18)

“Advisory group” means the environmental flows advisory group.

(19)

“Science advisory committee” means the Texas environmental flows science advisory committee.

(20)

“Best management practices” means those voluntary efficiency measures developed by the commission and the board that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specified time frame.

(21)

“Utility commission” means the Public Utility Commission of Texas.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, Sec. 1.01; Acts 1985, 69th Leg., ch. 795, Sec. 1.003, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.057, eff. Aug. 12, 1991; Acts 1997, 75th Leg., ch. 1010, Sec. 2.02, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 966, Sec. 2.01, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1234, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.04, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 4, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.04, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.04, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.001, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 5.01, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.05, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 1, eff. September 1, 2017.

Source: Section 11.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­11.­htm#11.­002 (accessed Mar. 23, 2024).

11.001
Vested Rights Not Affected
11.002
Definitions
11.003
Streams that Form Boundaries Included
11.004
Commission to Receive Certified Copies of Judgments, Etc
11.005
Applicability to Works Under Federal Reclamation Act
11.021
State Water
11.022
Acquisition of Right to Use State Water
11.023
Purposes for Which Water May Be Appropriated
11.024
Appropriation: Preferences
11.025
Scope of Appropriative Right
11.026
Perfection of an Appropriation
11.027
Rights Between Appropriators
11.029
Title to Appropriation by Limitation
11.030
Forfeiture of Appropriation
11.031
Annual Report
11.032
Records
11.033
Eminent Domain
11.034
Reservoir Site: Land and Rights-of-way
11.035
Condemnation of Private Property
11.036
Conserved or Stored Water: Supply Contract
11.037
Water Suppliers: Rules and Regulations
11.038
Rights of Owners of Land Adjoining Canal, Etc
11.039
Distribution of Water During Shortage
11.040
Permanent Water Right
11.041
Denial of Water: Complaint
11.042
Delivering Water down Banks and Beds
11.043
Recordation of Conveyance of Irrigation Work
11.044
Roads and Highways
11.045
Ditches and Canals
11.046
Return Surplus Water
11.047
Failure to Fence
11.048
Cost of Maintaining Irrigation Ditch
11.049
Examination and Survey
11.050
Tidewater Gates, Etc
11.051
Irrigation: Lien on Crops
11.052
Activities Under the Federal Reclamation Act
11.053
Emergency Order Concerning Water Rights
11.081
Unlawful Use of State Water
11.082
Unlawful Use: Civil Penalty
11.083
Other Unlawful Taking
11.084
Sale of Permanent Water Right Without a Permit
11.085
Interbasin Transfers
11.086
Overflow Caused by Diversion of Water
11.087
Diversion of Water on International Stream
11.088
Destruction of Waterworks
11.089
Johnson Grass or Russian Thistle
11.090
Polluting and Littering
11.091
Interference with Delivery of Water Under Contract
11.092
Wasteful Use of Water
11.093
Abatement of Waste as Public Nuisance
11.094
Penalty for Use of Works Declared Public Nuisance
11.096
Obstruction of Navigable Streams
11.097
Removal of Obstructions from Navigable Streams
11.121
Permit Required
11.122
Amendments to Water Rights Required
11.123
Permit Preferences
11.124
Application for Permit
11.125
Map or Plat
11.126
Commission Requirements
11.127
Additional Requirements: Drainage Plans
11.128
Payment of Fee
11.129
Review of Application
11.130
Recording Applications
11.131
Examination and Denial of Application Without Hearing
11.132
Notice
11.133
Hearing
11.134
Action on Application
11.135
Issuance of Permit
11.136
Recording of Permit
11.137
Seasonal Permits
11.138
Temporary Permits
11.139
Emergency Authorizations
11.140
Permits for Storage for Project Development
11.141
Date of Priority
11.142
Permit Exemptions
11.143
Use of Water from Exempt Dam or Reservoir for Nonexempt Purposes
11.144
Approval for Alterations
11.145
When Construction Must Begin
11.146
Forfeitures and Cancellation of Permit for Inaction
11.147
Effects of Permit on Bays and Estuaries and Instream Uses
11.148
Emergency Suspension of Permit Conditions and Emergency Authority to Make Available Water Set Aside for Environmental Flows
11.150
Effects of Permits on Water Quality
11.151
Effects of Permits on Groundwater
11.152
Assessment of Effects of Permits on Fish and Wildlife Habitats
11.153
Projects for Storage of Appropriated Water in Aquifers
11.155
Aquifer Storage and Recovery and Aquifer Recharge Reports
11.157
Water for Use as Aquifer Recharge or in an Aquifer Storage and Recovery Project
11.158
Amendment to Convert Use from Reservoir Storage to Aquifer Storage and Recovery
11.171
Definitions
11.172
General Principle
11.173
Cancellation in Whole or in Part
11.174
Commission May Initiate Proceedings
11.175
Notice
11.176
Hearing
11.177
Commission Finding
11.183
Reservoir
11.184
Municipal Certified Filing
11.185
Effect of Inaction
11.186
Subsequent Proceedings on Same Water Right
11.201
Artesian Well Defined
11.202
Right to Drill Artesian Well
11.203
Artesian Well: Drilling Record
11.204
Report of New Artesian Well
11.205
Wasting Water from Artesian Well
11.206
Improperly Cased Well: Nuisance
11.207
Annual Report
11.0235
Policy Regarding Waters of the State
11.0236
Environmental Flows Advisory Group
11.0237
Water Rights for Instream Flows Dedicated to Environmental Needs or Bay and Estuary Inflows
11.0275
Fair Market Value
11.301
Short Title
11.302
Declaration of Policy
11.303
Recordation and Limitation of Certain Water Rights Claims
11.304
Adjudication of Water Rights
11.305
Investigation
11.306
Notice of Adjudication
11.307
Filing of Sworn Claims
11.308
Hearings on Claims
11.309
Preliminary Determination of Claims
11.310
Evidence Open to Inspection
11.311
Date for Filing Contests
11.312
Notice of Preliminary Determination
11.313
Filing Contests
11.314
Hearing on Contest
11.315
Final Determination
11.316
Application for Rehearing
11.317
Filing Final Determination with District Court
11.318
Exceptions to Final Determination
11.319
Hearings on Exceptions
11.320
Scope of Judicial Review
11.321
Evidence
11.322
Final Decree
11.323
Certificate of Adjudication
11.324
Recordation of Certificate
11.325
Water Divisions
11.326
Appointment of Watermaster
11.327
Duties of Watermaster
11.328
Watermaster’s Notice Posted
11.329
Compensation and Expenses of Watermaster
11.330
Outlet for Free Passage of Water
11.331
Measuring Devices
11.332
Installation of Flumes
11.333
Failure to Comply with Commission Rules
11.334
Suit Against Commission for Injury
11.335
Administration of Water Rights Not Adjudicated
11.336
Administration of Permits Issued After Adjudication
11.337
Hearings: Notice and Procedure
11.338
Cancellation of Water Rights
11.339
Underground Water Not Affected
11.340
Abatement of Certain Civil Suits
11.341
Limitation on Actions
11.401
Scope of Subchapter
11.402
Appointment and Authority of Watermaster
11.403
Compensation of Watermaster
11.404
Expenses and Assessment of Costs of Watermaster
11.405
Failure to Pay Assessed Costs
11.406
Judicial Custody of Water During Appeal
11.407
Allocation and Distribution of Water During Appeal
11.408
Retention of Watermaster During Appeal
11.409
Violations of Court Orders
11.451
Commission Authority
11.452
Procedure for Determination
11.453
Appointment of Watermaster
11.454
Duties and Authority of the Watermaster
11.455
Compensation and Expenses of Watermaster
11.456
Maintaining Current Status
11.457
Assistance to Watermaster
11.458
Application of Subchapter
11.501
Title of Act
11.502
Definition
11.503
Applicability to Man-made Wetlands
11.504
Applicability to Certain Mining-related Activities
11.505
Applicability to State Revolving Loan Fund Program
11.506
Conflict Between State and Federal Law
11.551
Definitions
11.552
Concho River Watermaster Program
11.553
Jurisdiction of Watermaster
11.554
Watermaster
11.555
Duties and Authority of Watermaster
11.556
Appointment of Nonvoting Member of South Texas Watermaster Advisory Committee
11.557
Concho River Watermaster Advisory Committee
11.558
Fees
11.559
Referendum
11.560
Colorado River Basin Watermaster Program
11.561
Applicability of Other Law and Commission Rules
11.0841
Civil Remedy
11.0842
Administrative Penalty
11.0843
Field Citation
11.0871
Temporary Diversion of Water on International Stream
11.1271
Additional Requirements: Water Conservation Plans
11.1272
Additional Requirement: Drought Contingency Plans for Certain Applicants and Water Right Holders
11.1273
Additional Requirement: Review of Amendments to Certain Water Management Plans
11.1311
Approval of Certain Applications Without Hearing
11.1351
Permit Restrictions
11.1381
Term Permits
11.1405
Desalination of Seawater for Use for Industrial Purposes
11.1421
Permit Exemption for Mariculture Activities
11.1422
Permit Exemption for Historic Cemeteries
11.1471
Environmental Flow Standards and Set-asides
11.1491
Evaluation of Bays and Estuaries Data
11.1501
Consideration and Revision of Plans
11.02361
Texas Environmental Flows Science Advisory Committee
11.02362
Development of Environmental Flow Regime Recommendations
11.02363
Periodic Review of Environmental Flow Standards
11.3261
Watermaster Advisory Committee
11.3271
Powers and Duties of Rio Grande Watermaster
11.3291
Watermaster Fund
11.4531
Watermaster Advisory Committee

Accessed:
Mar. 23, 2024

§ 11.002’s source at texas​.gov