Sec. 11.040. PERMANENT WATER RIGHT. (a) A permanent water right is an easement and passes with the title to land.
(b) A written instrument conveying a permanent water right may be recorded in the same manner as any other instrument relating to a conveyance of land.
(c) The owner of a permanent water right is entitled to use water according to the terms of his contract. If there is no contract, the owner is entitled to use water at a just, reasonable, and nondiscriminatory price.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Structure Texas Statutes
Title 2 - Water Administration
Subchapter B. Rights in State Water
Section 11.022. Acquisition of Right to Use State Water
Section 11.023. Purposes for Which Water May Be Appropriated
Section 11.0235. Policy Regarding Waters of the State
Section 11.0236. Environmental Flows Advisory Group
Section 11.02361. Texas Environmental Flows Science Advisory Committee
Section 11.02362. Development of Environmental Flow Regime Recommendations
Section 11.024. Appropriation: Preferences
Section 11.025. Scope of Appropriative Right
Section 11.026. Perfection of an Appropriation
Section 11.027. Rights Between Appropriators
Section 11.0275. Fair Market Value
Section 11.029. Title to Appropriation by Limitation
Section 11.030. Forfeiture of Appropriation
Section 11.033. Eminent Domain
Section 11.034. Reservoir Site: Land and Rights-of-Way
Section 11.035. Condemnation of Private Property
Section 11.036. Conserved or Stored Water: Supply Contract
Section 11.037. Water Suppliers: Rules and Regulations
Section 11.038. Rights of Owners of Land Adjoining Canal, Etc
Section 11.039. Distribution of Water During Shortage
Section 11.040. Permanent Water Right
Section 11.041. Denial of Water: Complaint
Section 11.042. Delivering Water Down Banks and Beds
Section 11.043. Recordation of Conveyance of Irrigation Work
Section 11.044. Roads and Highways
Section 11.045. Ditches and Canals
Section 11.046. Return Surplus Water
Section 11.047. Failure to Fence
Section 11.048. Cost of Maintaining Irrigation Ditch
Section 11.049. Examination and Survey
Section 11.050. Tidewater Gates, Etc