Texas Codes

Tex. Water Code § 36.413 (2026)

Decision; When Final

✓ current as of May 2026

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Sec. 36.413. DECISION; WHEN FINAL. (a) A decision by the board on a permit or permit amendment application is final:

(1) if a request for rehearing is not filed on time, on the expiration of the period for filing a request for rehearing; or

(2) if a request for rehearing is filed on time, on the date:

(A) the board denies the request for rehearing; or

(B) the board renders a written decision after rehearing.

(b) Except as provided by Subsection (c), an applicant or a party to a contested hearing may file a suit against the district under Section 36.251 to appeal a decision on a permit or permit amendment application not later than the 60th day after the date on which the decision becomes final.

(c) An applicant or a party to a contested hearing may not file suit against the district under Section 36.251 if a request for rehearing was not filed on time.

Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 2012–2026 · leading case: Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App. 2014).

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Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App. 2014). · cites it 4× “See Tex. WateR Code Ann. § 36.413 (b) (West 2008).”

Save Our Springs All., Inc. v. City of Kyle, 382 S.W.3d 540 (Tex. App. 2012). “See Tex. Water Code Ann. § 36.413 (West 2008).”

Pecos Cnty., City of Fort Stockton, Pecos Cnty. Water Control & Improvement Dist. No. 1, Middle Pecos Groundwater Conservation Dist. & Its Directors, & Brewster Cnty. Groundwater Conservation Dist. v. Fort Stockton Holdings, L. P. (Tex. App. 2014). · cites it 4× “TEX.WATER CODE ANN. § 36.413(a)(2). An applicant or a party to a contested hearing may file suit against the district under Section 36.”

Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP & Andy Wier v. Lower Colorado River Auth. (Tex. App. 2024). · cites it 2× “See Tex. Water Code § 36.413(a)(2)(B) (stating that when request for rehearing is filed on time, decision by board on permit application is final on date board “renders a written decision after rehearing”), (b).”

Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist. & Its Bd. President Jerry McGuairt; Repub. Water Co. of Texas, LLC; & Fort Stockton Holdings, L.P. (Tex. 2026). · cites it 2× “” Tex. Water Code § 36.413(a). Section 36.412, in turn, governs how to request rehearing.”

Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP & Andy Wier v. Lower Colorado River Auth. (Tex. App. 2024). “See End Op, 2018 WL 4102013 , at *2 (holding that motion for rehearing was overruled by operation of law based on 55-day Administrative Procedure Act (APA) deadline); see also Tex. Water Code § 36.413(b) (requiring that appeal to district court must occur “not later than the…”

Save Our Springs All., Inc. v. City of Kyle Jack Goodman Craig Smith Mary Stone Gary Franklin & Bob Larson, Each in Their Off. Capacity as Directors of the Barton Springs-Edwards Aquifer Conservation Dist. & the Barton Springs-Edwards Aquifer Conservation Dist. (Tex. App. 2012). “See Tex. Water Code Ann. § 36.413 (West 2008).”

Save Our Springs All., Inc. v. City of Kyle Jack Goodman Craig Smith Mary Stone Gary Franklin & Bob Larson, Each in Their Off. Capacity as Directors of the Barton Springs-Edwards Aquifer Conservation Dist. & the Barton Springs-Edwards Aquifer Conservation Dist. (Tex. App. 2014). “See Tex. Water Code § 36.413 (party to contested-case hearing may not file suit against district under section 36.”

Steve Schwerin v. Nueces Cnty. Juv. Bd., Nueces Cnty., Texas & Michael L. Lindsey D/B/A Nestor Consultants, Inc. (Tex. App. 2012). “” TEX. W ATER CODE ANN. § 36.413(c) (emphasis added).”

— Tex. Water Code § 36.413(a) — 1 case

Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist. & Its Bd. President Jerry McGuairt; Repub. Water Co. of Texas, LLC; & Fort Stockton Holdings, L.P. (Tex. 2026). “” Tex. Water Code § 36.413(a). Section 36.412, in turn, governs how to request rehearing.”

— Tex. Water Code § 36.413(a)(2) — 2 cases

Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App. 2014). “See Tex. WateR Code Ann. § 36.413 (b) (West 2008).”

Pecos Cnty., City of Fort Stockton, Pecos Cnty. Water Control & Improvement Dist. No. 1, Middle Pecos Groundwater Conservation Dist. & Its Directors, & Brewster Cnty. Groundwater Conservation Dist. v. Fort Stockton Holdings, L. P. (Tex. App. 2014). “TEX.WATER CODE ANN. § 36.413(a)(2). An applicant or a party to a contested hearing may file suit against the district under Section 36.”

— Tex. Water Code § 36.413(a)(2)(B) — 1 case

Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP & Andy Wier v. Lower Colorado River Auth. (Tex. App. 2024). “See Tex. Water Code § 36.413(a)(2)(B) (stating that when request for rehearing is filed on time, decision by board on permit application is final on date board “renders a written decision after rehearing”), (b).”

— Tex. Water Code § 36.413(b) — 5 cases

Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App. 2014). “See Tex. WateR Code Ann. § 36.413 (b) (West 2008).”

Pecos Cnty., City of Fort Stockton, Pecos Cnty. Water Control & Improvement Dist. No. 1, Middle Pecos Groundwater Conservation Dist. & Its Directors, & Brewster Cnty. Groundwater Conservation Dist. v. Fort Stockton Holdings, L. P. (Tex. App. 2014). “TEX.WATER CODE ANN. § 36.413(a)(2). An applicant or a party to a contested hearing may file suit against the district under Section 36.”

Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP & Andy Wier v. Lower Colorado River Auth. (Tex. App. 2024). “See Tex. Water Code § 36.413(a)(2)(B) (stating that when request for rehearing is filed on time, decision by board on permit application is final on date board “renders a written decision after rehearing”), (b).”

Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist. & Its Bd. President Jerry McGuairt; Repub. Water Co. of Texas, LLC; & Fort Stockton Holdings, L.P. (Tex. 2026). “” Tex. Water Code § 36.413(a). Section 36.412, in turn, governs how to request rehearing.”

— Tex. Water Code § 36.413(c) — 3 cases

Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App. 2014). “See Tex. WateR Code Ann. § 36.413 (b) (West 2008).”

Pecos Cnty., City of Fort Stockton, Pecos Cnty. Water Control & Improvement Dist. No. 1, Middle Pecos Groundwater Conservation Dist. & Its Directors, & Brewster Cnty. Groundwater Conservation Dist. v. Fort Stockton Holdings, L. P. (Tex. App. 2014). “TEX.WATER CODE ANN. § 36.413(a)(2). An applicant or a party to a contested hearing may file suit against the district under Section 36.”

Steve Schwerin v. Nueces Cnty. Juv. Bd., Nueces Cnty., Texas & Michael L. Lindsey D/B/A Nestor Consultants, Inc. (Tex. App. 2012). “” TEX. W ATER CODE ANN. § 36.413(c) (emphasis added).”

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