Texas Codes
Tex. Water Code § 11.121 (2026)
Permit Required
✓ current as of May 2026
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Sec. 11.121. PERMIT REQUIRED. Except as provided in Sections 11.1405, 11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1987, 70th Leg., ch. 544, Sec. 1, eff. Aug. 31, 1987; Acts 1995, 74th Leg., ch. 183, Sec. 1, eff. May 23, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 8, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 3, eff. June 17, 2015.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1985–2021 · leading case: FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000).
FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000). “"); TEX. WATER CODE § 11.121 ("Except as provided in .”
Quick v. City of Austin, 7 S.W.3d 109 (Tex. 1999). “" Tex. Water Code § 11.121 (emphasis added).”
City of San Marcos v. Texas Comm'n on Env't Quality, 128 S.W.3d 264 (Tex. App. 2004). “Tex. Water Code Ann. § 11.121 (West 2000).”
Lower Colorado River Auth. v. Texas Dep't of Water Resources, 689 S.W.2d 873 (Tex. 1985). “Tex. Water Code Ann. § 11.121 . To acquire a permit, the Water District had to satisfy the statutory grounds of Tex.”
Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App. 2008). “See Tex. Water Code § 11.121 (2002). The ALJ found Applicants had demonstrated beneficial use of groundwater through irrigation by flooding on seven acres during the historical period.”
City of San Angelo v. Texas Nat. Resource Conservation Comm'n, 92 S.W.3d 624 (Tex. App. 2002). “" See Tex. Water Code Ann. §§ 11.121 -.186 (West 1994).”
the Upper Trinity Reg'l Water Dist. & Texas Comm'n on Env't Quality v. Nat'l Wildlife Fed'n (Tex. App. 2015). “passim Tex. Water Code § 11.121 ................”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015). “No storage is authorized in the permit and TCEQ authorization to store water is required under Tex. Water Code § 11.121. A copy of the statutes cited in this brief are at Appendix Tab D.”
Chappell Hill Sausage Co. v. John Durrenberger, in His Off. Capacity as Washington Cnty. Judge Don Koester, Candice Bullock, Kirk Hanath, & Joy Fuchs, Each in His or Her Off. Capacity as a Washington Cnty. Comm'r Ross McCall in His Off. Capacity as Washington Cnty. Road & Bridge Dep't Eng'r & Mark Marzahn in His Off. Capacity as Washington Cnty. Floodplain Coordinator & Env't Health Dir. (Tex. App. 2021). “Tex. Water Code Ann. § 11.121 . The landowner’s third claim further asserts the county officials have caused and continue to cause the waste of state water in violation of the Water Code (due to the blocked culvert).”
Jimmy & Cheryl Williams v. Guadalupe-Blanco River Auth. & Its Officers & Directors (Tex. App. 2021). “) (conveyance requires -7- 04-20-00445-CV “operative words or words of grant showing an intention by the grantor to convey title to land which is sufficiently described to the grantee”); TEX. WATER CODE § 11.121 (no person may appropriate state water or construct works to take,…”
City of San Angelo, Texas & Menard Cnty. Water Control & Improvement Dist. No. 1 v. Texas Nat. Resource Conservation Comm'n (Tex. App. 2002). “" See Tex. Water Code Ann. §§ 11.121 -.186 (West 1994).”
the City of San Marcos, Texas San Marcos River Found. & Dr. Jack Fairchild v. Texas Comm'n on Env't Quality (Tex. App. 2003). “Tex. Water Code Ann. § 11.121 (West 2000).”
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