Sec. 11.134. ACTION ON APPLICATION. (a) After the hearing, the commission shall make a written decision granting or denying the application. The application may be granted or denied in whole or in part.
(b) The commission shall grant the application only if:
(1) the application conforms to the requirements prescribed by this chapter and is accompanied by the prescribed fee;
(2) unappropriated water is available in the source of supply;
(3) the proposed appropriation:
(A) is intended for a beneficial use;
(B) does not impair existing water rights or vested riparian rights;
(C) is not detrimental to the public welfare;
(D) considers any applicable environmental flow standards established under Section 11.1471 and, if applicable, the assessments performed under Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152; and
(E) addresses a water supply need in a manner that is consistent with the state water plan and the relevant approved regional water plan for any area in which the proposed appropriation is located, unless the commission determines that conditions warrant waiver of this requirement; and
(4) the applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by Section 11.002(8)(B).
(b-1) In determining whether an appropriation is detrimental to the public welfare under Subsection (b)(3)(C), the commission may consider only the factors that are within the jurisdiction and expertise of the commission as established by this chapter.
(c) Beginning January 5, 2002, the commission may not issue a water right for municipal purposes in a region that does not have an approved regional water plan in accordance with Section 16.053(i) unless the commission determines that conditions warrant waiver of this requirement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, Sec. 1.09; Acts 1997, 75th Leg., ch. 1010, Sec. 4.01, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1223, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 966, Sec. 2.08, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.12, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.12, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1097 (H.B. 3735), Sec. 5, eff. September 1, 2017.
Notes of Decisions
City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006).
· cites it 3× “*109 TEX. WATER CODE § 11.134(b). In sum, the “other applicable requirements” that do not implicate effects on other water-rights holders or the on-stream environment concern conformance with administrative requirements, beneficial use of the water right, protection of the…”
Lower Colorado River Auth. v. Texas Dep't of Water Resources, 689 S.W.2d 873 (Tex. 1985).
· cites it 3× “We reverse the judgments of the courts below because those courts have misconstrued and misapplied Tex. Water Code Ann. § 11.134 . We hold that the term "unappropriated water" means the amount of water remaining after taking into account all existing uncancelled permits and…”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015).
· cites it 11× “13 Point of Error Number Two: The Commission's April 20, 2010 Order violates the directives and requirement of Texas Water Code, §11.134 (b), regarding Commission action on water rights applications .”
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).
“See TEX. W ATER CODE ANN. §§ 11.134(b), 11.024, 12.”
— Tex. Water Code § 11.134(B) — 1 case
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015).
“13 Point of Error Number Two: The Commission's April 20, 2010 Order violates the directives and requirement of Texas Water Code, §11.134 (b), regarding Commission action on water rights applications .”
— Tex. Water Code § 11.134(a) — 1 case
— Tex. Water Code § 11.134(b) — 4 cases
City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006).
“*109 TEX. WATER CODE § 11.134(b). In sum, the “other applicable requirements” that do not implicate effects on other water-rights holders or the on-stream environment concern conformance with administrative requirements, beneficial use of the water right, protection of the…”
Bradley B. Ware v. Texas Comm'n on Env't Quality (Tex. App. 2015).
“13 Point of Error Number Two: The Commission's April 20, 2010 Order violates the directives and requirement of Texas Water Code, §11.134 (b), regarding Commission action on water rights applications .”
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).
“See TEX. W ATER CODE ANN. §§ 11.134(b), 11.024, 12.”
— Tex. Water Code § 11.134(b)(2) — 2 cases
— Tex. Water Code § 11.134(b)(3)(D) — 1 case
City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006).
“*109 TEX. WATER CODE § 11.134(b). In sum, the “other applicable requirements” that do not implicate effects on other water-rights holders or the on-stream environment concern conformance with administrative requirements, beneficial use of the water right, protection of the…”
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