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

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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.—Austin 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.—Austin 2004). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App.—San Antonio 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, No. 15-24-00050-CV (Tex. App.—15th Dist. Jan. 28, 2025). · cites it 2× “13 TEX. WATER CODE § 11.022 ................”
Upper Trinity Reg'l Water Dist. & Texas Comm'n on Env't Quality v. Nat'l Wildlife Fed'n, No. 01-15-00374-CV (Tex. App.—Houston [1st Dist.] June 26, 2015). · cites it 2× “38, 39 Tex. Water Code § 11.022 ................”
Bradley B. Ware v. Texas Comm'n on Env't Quality, No. 03-14-00416-CV (Tex. App.—Austin Apr. 17, 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.”
City of San Marcos v. Texas Comm'n on Env't Quality, No. 03-02-00724-CV (Tex. App.—Austin Aug. 29, 2003). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
City of San Marcos v. Texas Comm'n on Env't Quality, No. 03-02-00724-CV (Tex. App.—Austin Aug. 29, 2003). “See Tex. Water Code Ann. §§ 11.022 , .121 (West 2000).”
City of San Marcos v. Texas Comm'n on Env't Quality, No. 03-02-00724-CV (Tex. App.—Austin Jan. 8, 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. v. Texas Comm'n on Env't Quality & BFI Waste Sys. of North Am., Inc., No. 03-04-00390-CV (Tex. App.—Austin May 12, 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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