Tex. Water Code Section 11.139
Emergency Authorizations


(a)

Except as provided by Section 11.148 (Emergency Suspension of Permit Conditions and Emergency Authority to Make Available Water Set Aside for Environmental Flows) of this code, the commission may grant an emergency permit, order, or amendment to an existing permit, certified filing, or certificate of adjudication after notice to the governor for an initial period of not more than 120 days if the commission finds that emergency conditions exist which present an imminent threat to the public health and safety and which override the necessity to comply with established statutory procedures and there are no feasible practicable alternatives to the emergency authorization. Such emergency action may be renewed once for not longer than 60 days.

(b)

A person desiring to obtain an emergency authorization under this section shall submit to the commission a sworn application containing the following information:

(1)

a description of the condition of emergency justifying the granting of the emergency authorization;

(2)

a statement setting forth facts which support the findings required under this section;

(3)

an estimate of the dates on which the proposed authorization should begin and end;

(4)

a description of the action sought and the activity proposed to be allowed, mandated, or prohibited; and

(5)

any other statements or information required by the commission.

(c)

If the commission finds the applicant’s statement made under Subsection (b) of this section to be correct, the commission may grant emergency authorizations under this section without notice and hearing or with such notice and hearing as the commission considers practicable under the circumstances.

(d)

If the commission grants an emergency authorization under this section without a hearing, the authorization shall fix a time and place for a hearing to be held before the commission. The hearing shall be held as soon after the emergency authorization is granted as is practicable but not later than 20 days after the emergency authorization is granted.

(e)

At the hearing, the commission shall affirm, modify, or set aside the emergency authorization. Any hearing on an emergency authorization shall be conducted in accordance with Chapter 2001 (Administrative Procedure), Government Code, and rules of the commission.

(f)

If an imminent threat to the public health and safety exists which requires emergency action before the commission can take action as provided by Subsections (a) through (c) of this section and there are no feasible alternatives, the executive director may grant an emergency authorization after notice to the governor. If the executive director issues an emergency authorization under this subsection, the commission shall hold a hearing as provided for in Subsections (d) and (e) of this section. The requirements of Subsection (b) of this section shall be satisfied by the applicant before action is taken by the executive director on the request for emergency authorization.

(g)

The requirements of Section 11.132 (Notice) of this code relating to the time for notice, newspaper notice, and method of giving a person notice do not apply to a hearing held on an application for an emergency authorization under this section, but such general notice of the hearing shall be given as the commission, under Subsections (c) and (e) of this section, considers practicable under the circumstances.

(h)

The commission may grant an emergency authorization under this section for the temporary transfer and use of all or part of a permit, certified filing, or certificate of adjudication for other than domestic or municipal use to a retail or wholesale water supplier for public health and safety purposes. In addition to the requirements contained in Subsection (b) of this section, the commission may direct that the applicant will timely pay the amounts for which the applicant may be potentially liable under Subsection (j) of this section and to the extent authorized by law will fully indemnify and hold harmless the state, the executive director, and the commission from any and all liability for the authorization sought. The commission may order bond or other surety in a form acceptable to the commission as a condition for such emergency authorization. The commission may not grant an emergency authorization under this section which would cause a violation of a federal regulation.

(i)

In transferring the amount of water requested by the applicant, the executive director or the commission shall allocate the requested amount among two or more permits, certified filings, or certificates of adjudication for other than domestic or municipal use.

(j)

The person granted an emergency authorization under Subsection (h) of this section is liable to the owner and the owner’s agent or lessee from whom the use is transferred for the fair market value of the water transferred as well as for any damages caused by the transfer of use. If, within 60 days of the termination of the authorization, the parties do not agree on the amount due, or if full payment is not made, either party may file a complaint with the commission to determine the amount due. The commission may use dispute resolution procedures for a complaint filed under this subsection. After exhausting all administrative remedies under this subsection, an owner from whom the use is transferred may file suit to recover or determine the amount due in a district court in the county where the owner resides or has its headquarters. The prevailing party in a suit filed under this subsection is entitled to recover court costs and reasonable attorney’s fees.

(k)

The commission may prescribe rules and adopt fees which are necessary to carry out the provisions of this section.

(l)

An emergency authorization does not vest in the grantee any right to the diversion, impoundment, or use of water and shall expire and be cancelled in accordance with its terms.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.013, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, Sec. 3.03, eff. June 19, 1997.

Source: Section 11.139 — Emergency Authorizations, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­11.­htm#11.­139 (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

Accessed:
Jun. 5, 2024

§ 11.139’s source at texas​.gov