Tex. Water Code Section 11.039
Distribution of Water During Shortage

(a)

If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one and everyone suffers alike.

(b)

If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of persons, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to:

(1)

the amount of water to which each customer may be entitled; or

(2)

the amount of water to which each customer may be entitled, less the amount of water the customer would have saved if the customer had operated its water system in compliance with the water conservation plan.

(c)

Nothing in Subsection (a) or (b) precludes the person, association of persons, or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 2001, 77th Leg., ch. 1126, Sec. 1, eff. June 15, 2001.

Source: Section 11.039 — Distribution of Water During Shortage, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­11.­htm#11.­039 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 11.039’s source at texas​.gov