Tex. Codes » Water Code · TITLE 4. GENERAL LAW DISTRICTS · CHAPTER 49. PROVISIONS APPLICABLE TO ALL DISTRICTS
Texas Codes

Tex. Water Code § 49.309 (2026)

Exclusion Of Nonirrigated Property

✓ current as of May 2026
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Sec. 49.309. EXCLUSION OF NONIRRIGATED PROPERTY. For the purposes of this section and Sections 49.310 through 49.314, the following definitions shall apply:

(1)(A) "Nonirrigated property" means land that:

(i) is not irrigable;

(ii) the owners of a majority of the acreage of which no longer intend to irrigate; or

(iii) has been subdivided into:

(aa) town lots, or town lots and blocks, or small parcels of the same general nature as town lots; or

(bb) town blocks and lots designed, intended, or suitable for residential, commercial, or other nonagricultural purposes, as distinguished from farm acreage whether subdivided into a subdivision or not; and

(cc) including streets, alleys, parkways, parks, and railroad property and rights-of-way located in the subdivided land.

(B) The property described in Paragraph (A) shall be considered nonirrigated property regardless of whether the land is within or near a municipality and regardless of whether a plat or map of the subdivision has been duly filed for record and recorded in the office of the county clerk of the county in which the land or any part of the land is situated.

(C) The term does not include land that within the year preceding the date of the hearing under Section 49.310 was used for farming or agricultural purposes.

(2) "District" means a water control and improvement, water improvement, or irrigation district the principal purpose of which is furnishing water for the irrigation of agricultural lands or that is principally engaged in furnishing water for the irrigation of agricultural lands.

Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 2 cases, 2008–2008 · leading case: Engelman Irrigation Dist. v. Texas Comm'n on Env't Quality, 251 S.W.3d 184 (Tex. App. 2008).
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Engelman Irrigation Dist. v. Texas Comm'n on Env't Quality, 251 S.W.3d 184 (Tex. App. 2008). “See Tex. Water Code Ann. § 49.309 . 12 *197 Based on these figures, Diego Abrego, leader of the Commission’s utility and district oversight team, testified that Engel-man has a surplus of water rights.”
Engelman Irrigation Dist. v. Texas Comm'n on Env't Quality & Shields Bros., Inc. (Tex. App. 2008). “See Tex. Water Code Ann. § 49.309 . (12) Based on these figures, Diego Abrego, leader of the Commission's utility and district oversight team, testified that Engelman has a surplus of water rights.”
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