Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE B. WATER RIGHTS · CHAPTER 11. WATER RIGHTS
Texas Codes

Tex. Water Code § 11.022 (2026)

Acquisition Of Right To Use State Water

✓ current as of May 2026
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Sec. 11.022. ACQUISITION OF RIGHT TO USE STATE WATER. The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When the right to use state water is lawfully acquired, it may be taken or diverted from its natural channel.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 2002–2025 · leading case: United States v. City of Las Cruces, 289 F.3d 1170 (10th Cir. 2002).
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United States v. City of Las Cruces, 289 F.3d 1170 (10th Cir. 2002). “See Tex. Water Code Ann. §§ 11.022 -.027 (Vernon, WESTLAW through 2001 Reg.”
City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006). “” TEX. WATER CODE § 11.022. The Code contains a number of procedural and substantive requirements that an application to appropriate unappropriated state water must meet.”
Citizens Against Landfill Location v. Texas Comm'n on Env't Quality, 169 S.W.3d 258 (Tex. App. 2005). “The record contains evidence that the detention channel is completely manmade and is designed to capture only the surface water that originates onsite; that there is no water flow from outside the site into the detention channel. If necessary, the detention channel is designed…”
City of San Marcos v. Texas Comm'n on Env't Quality, 128 S.W.3d 264 (Tex. App. 2004). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App. 2008). “denied); see Tex WateR Code Ann. §§ 11.022, 11.121 (Vernon 2008).”
Texas Comm'n on Env't Quality & Guadalupe-Blanco River Auth. v. Nat'l Wildlife Fed'n (Tex. App. 2025). · cites it 2× “13 TEX. WATER CODE § 11.022 ................”
the Upper Trinity Reg'l Water Dist. & Texas Comm'n on Env't Quality v. Nat'l Wildlife Fed'n (Tex. App. 2015). · cites it 2× “38, 39 Tex. Water Code § 11.022 ................”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015). · cites it 2× “19 The right vests in the water rights holder to the extent that the holder makes (and continues to make) 16 Tex.”
the City of San Marcos, Texas San Marcos River Found. & Dr. Jack Fairchild v. Texas Comm'n on Env't Quality (Tex. App. 2003). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
the City of San Marcos, Texas San Marcos River Found. & Dr. Jack Fairchild v. Texas Comm'n on Env't Quality (Tex. App. 2003). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
the City of San Marcos, Texas San Marcos River Found. & Dr. Jack Fairchild v. Texas Comm'n on Env't Quality (Tex. App. 2004). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
Citizens Against Landfill Location North Alamo Water Supply Corp. Jimmie Steidinger Engelman Irrigation Dist., & Donna Irrigation Dist., Hidalgo Cnty. 1 v. Texas Comm'n on Env't Quality & BFI Waste Sys. of North Am., Inc. (Tex. App. 2005). “The record contains evidence that the detention channel is completely manmade and is designed to capture only the surface water that originates onsite; that there is no water flow from outside the site into the detention channel.”
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