Tex.
Water Code Section 11.0841
Civil Remedy
(a)
Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available common-law remedy to enforce a right or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.(b)
A district court may award the costs of litigation, including reasonable attorney fees and expert costs, to any political subdivision of the state, private corporation, or individual that is a water right holder and that prevails in a suit for injunctive relief to redress an unauthorized diversion, impoundment, or use of surface water in violation of this chapter or a rule adopted pursuant to this chapter.(c)
For purposes of this section, the Parks and Wildlife Department has:(1)
the rights of a holder of a water right that is held in the Texas Water Trust, including the right to file suit in a civil court to prevent the unlawful use of such a right;(2)
the right to act in the same manner that a holder of a water right may act to protect the holder’s rights in seeking to prevent any person from appropriating water in violation of a set-aside established by the commission under Section 11.1471 (Environmental Flow Standards and Set-asides) to meet instream flow needs or freshwater inflow needs; and(3)
the right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471 (Environmental Flow Standards and Set-asides).
Source:
Section 11.0841 — Civil Remedy, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.11.htm#11.0841 (accessed Jun. 5, 2024).
