Texas Water Code 11.053 – Emergency Order Concerning Water Rights
(a) During a period of drought or other emergency shortage of water, as defined by commission rule, the executive director by order may, in accordance with the priority of water rights established by § 11.027:
(1) temporarily suspend the right of any person who holds a water right to use the water; and
(2) temporarily adjust the diversions of water by water rights holders.
(b) The executive director in ordering a suspension or adjustment under this section shall ensure that an action taken:
(1) maximizes the beneficial use of water;
(2) minimizes the impact on water rights holders;
(3) prevents the waste of water;
(4) takes into consideration the efforts of the affected water rights holders to develop and implement the water conservation plans and drought contingency plans required by this chapter;
(5) to the greatest extent practicable, conforms to the order of preferences established by § 11.024; and
(6) does not require the release of water that, at the time the order is issued, is lawfully stored in a reservoir under water rights associated with that reservoir.
Terms Used In Texas Water Code 11.053
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The commission shall adopt rules to implement this section, including rules:
(1) defining a drought or other emergency shortage of water for purposes of this section; and
(2) specifying the:
(A) conditions under which the executive director may issue an order under this section;
(B) terms of an order issued under this section, including the maximum duration of a temporary suspension or adjustment under this section; and
(C) procedures for notice of, an opportunity for a hearing on, and the appeal to the commission of an order issued under this section.