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

Tex. Water Code § 11.320 (2026)

Scope Of Judicial Review

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Sec. 11.320. SCOPE OF JUDICIAL REVIEW. (a) In passing on exceptions, the court shall determine all issues of law and fact independently of the commission's determination. The substantial evidence rule shall not be used. The court shall not consider any exception which was not brought to the commission's attention by application for rehearing. The court shall not consider any issue of fact raised by an exception unless the record of evidence before the commission reveals that the question was genuinely in issue before the commission.

(b) A party in interest may demand a jury trial of any issue of fact, but the court may in its discretion have a separate trial with a separate jury of any such issue.

(c) The legislature declares that the provisions of this section are not severable from the remainder of this subchapter and that this subchapter would not have been passed without the inclusion of this section. If this section is for any reason held invalid, unconstitutional, or inoperative in any way, the holding applies to the entire subchapter so that the entire subchapter is null and void.

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

Notes of Decisions
Cited in 2 cases, 1982–1984 · leading case: Adjudication of Water Rights in the Medina River Watershed of the San Antonio River Basin v. Alamo Nat'l Bank Indep., 645 S.W.2d 596 (Tex. App. 1982).
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Adjudication of Water Rights in the Medina River Watershed of the San Antonio River Basin v. Alamo Nat'l Bank Indep., 645 S.W.2d 596 (Tex. App. 1982). · cites it 2× “The Tex.Water Code § 11.320(a), the statute that authorizes judicial review in the Adjudication Act provides: In passing on exceptions, the Court shall determine all issues of law and fact independently of the Commission’s determination.”
In Re Adjudication of the Water Rights in the Medina River Watershed of the San Antonio River Basin, 670 S.W.2d 250 (Tex. 1984). “*252 TEX. WATER CODE ANN. § 11.320. The sole basis for complaint in Mitchell’s application for rehearing was that he owned the water of Medio Creek by virtue of the Hernandez grant, and therefore the existing use limitation of § 11.”
Tex. Water Code § 11.320(a): 1 case
Adjudication of Water Rights in the Medina River Watershed of the San Antonio River Basin v. Alamo Nat'l Bank Indep., 645 S.W.2d 596 (Tex. App. 1982). “The Tex.Water Code § 11.320(a), the statute that authorizes judicial review in the Adjudication Act provides: In passing on exceptions, the Court shall determine all issues of law and fact independently of the Commission’s determination.”
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