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

Tex. Water Code § 11.027 (2026)

Rights Between Appropriators

✓ current as of May 2026
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Sec. 11.027. RIGHTS BETWEEN APPROPRIATORS. As between appropriators, the first in time is the first in right.

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

Notes of Decisions
Cited in 9 cases, 2002–2015 · 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. § 11.027 (Vernon, WESTLAW through 2001 Reg.”
City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006). “7 TEX. WATER CODE § 11.027; Act of Mar. 19, 1889, 21st Leg.”
Aransas Proj. v. Shaw, 930 F. Supp. 2d 716 (S.D. Tex. 2013). “See Tex. Water Code § 11.027. The holder of a more senior water right is entitled to draw all of the water to which he or she is entitled before the holder of a more junior right is entitled to any.”
Texas Comm'n on Env't Quality v. Texas Farm Bureau, 460 S.W.3d 264 (Tex. App. 2015). · cites it 2× “The district court, after hearing cross-motions for summary judgment, declared the Drought Rules invalid for the following two reasons: (1) The rules exceed TCEQ’s statutory authority because they allow exemption of preferred uses from curtailment or suspension order, and such…”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015). · cites it 7× “21 Point of Error Number Four: The District Court in failing to find that the Commission's April 20, 2010 Order violates the fundamental doctrine of water rights law of "first in time, first in right," as set forth in the Texas Water Code, Section 11.027 ........”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015). · cites it 3× “’s Points of Error is that the Commission is entitled to implement a policy of water rights permitting and administration whereby some State water in the form of return flows is reserved for later applicants, as opposed to being considered available for appropriation in…”
Texas Comm'n on Env't Quality v. Texas Farm Bureau, Frank Volleman, Frank Destefano, David & Mary Ballew, Ron & Sherie Burnette, Sam Jones, Theodore & Mary Kallus, Glen Marecek, John Gaulding, & Charles & Katherine Harless (Tex. App. 2015). · cites it 2× “The district court, after hearing cross-motions for summary judgment, declared the Drought Rules invalid for the following two reasons: (1) The rules exceed TCEQ’s statutory authority because they allow exemption of preferred uses from curtailment or suspension order, and such…”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015). “” Tex. Water Code § 11.027. 72 Act of June 1, 1997, 75th Leg.”
R.E. Janes Gravel Co. v. Zachary Covar, Exec. Dir. of the Texas Comm'n on Env't Quality The Texas Comm'n on Env't Quality Its Commissioners Bryan Shaw, Carlos Rubenstein, Toby Baker & the City of Lubbock (Tex. App. 2015). “would probably be lost to the City of Lubbock for future reuse options.” 30 AR Janes-26 at p. 3-6. All of these statements—in the 2004 bar journal article, in the 1997 TCEQ Memorandum, and in the 1990 City of Lubbock report—reflect the critical statewide statutory policy that…”
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