Sec. 11.1381. TERM PERMITS. (a) Until a water right is perfected to the full extent provided by Section 11.026 of this code, the commission may issue permits for a term of years for use of state water to which a senior water right has not been perfected.
(b) The commission shall refuse to grant an application for a permit under this section if the commission finds that there is a substantial likelihood that the issuance of the permit will jeopardize financial commitments made for water projects that have been built or that are being built to optimally develop the water resources of the area.
(c) The commission shall refuse to grant an application for a term permit if the holder of the senior appropriative water right can demonstrate that the issuance of the term permit would prohibit the senior appropriative water right holder from beneficially using the senior rights during the term of the term permit. Such demonstration will be made using reasonable projections based on accepted methods.
(d) A permit issued under this section is subordinate to any senior appropriative water rights.
Added by Acts 1987, 70th Leg., ch. 405, Sec. 1, eff. Sept. 1, 1987.
Structure Texas Statutes
Title 2 - Water Administration
Subchapter D. Permits to Use State Water
Section 11.121. Permit Required
Section 11.122. Amendments to Water Rights Required
Section 11.123. Permit Preferences
Section 11.124. Application for Permit
Section 11.126. Commission Requirements
Section 11.127. Additional Requirements: Drainage Plans
Section 11.1273. Additional Requirement: Review of Amendments to Certain Water Management Plans
Section 11.128. Payment of Fee
Section 11.129. Review of Application; Amendment
Section 11.130. Recording Applications
Section 11.131. Examination and Denial of Application Without Hearing
Section 11.1311. Approval of Certain Applications Without Hearing
Section 11.134. Action on Application
Section 11.135. Issuance of Permit
Section 11.1351. Permit Restrictions
Section 11.136. Recording of Permit
Section 11.137. Seasonal Permits
Section 11.138. Temporary Permits
Section 11.139. Emergency Authorizations
Section 11.140. Permits for Storage for Project Development
Section 11.1405. Desalination of Seawater for Use for Industrial Purposes
Section 11.141. Date of Priority
Section 11.142. Permit Exemptions
Section 11.1421. Permit Exemption for Mariculture Activities
Section 11.1422. Permit Exemption for Historic Cemeteries
Section 11.143. Use of Water From Exempt Dam or Reservoir for Nonexempt Purposes
Section 11.144. Approval for Alterations
Section 11.145. When Construction Must Begin
Section 11.146. Forfeitures and Cancellation of Permit for Inaction
Section 11.147. Effects of Permit on Bays and Estuaries and Instream Uses
Section 11.1471. Environmental Flow Standards and Set-Asides
Section 11.1491. Evaluation of Bays and Estuaries Data
Section 11.150. Effects of Permits on Water Quality
Section 11.1501. Consideration and Revision of Plans
Section 11.151. Effects of Permits on Groundwater
Section 11.152. Assessment of Effects of Permits on Fish and Wildlife Habitats
Section 11.153. Projects for Storage of Appropriated Water in Aquifers
Section 11.155. Aquifer Storage and Recovery and Aquifer Recharge Reports
Section 11.157. Water for Use as Aquifer Recharge or in an Aquifer Storage and Recovery Project
Section 11.158. Amendment to Convert Use From Reservoir Storage to Aquifer Storage and Recovery