Sec. 11.340. ABATEMENT OF CERTAIN CIVIL SUITS. (a) Nothing in this subchapter prevents or precludes a person who claims the right to divert water from a stream from filing and prosecuting to a conclusion a suit against other claimants of the right to divert or use water from the same stream. However, if the commission has ordered a determination of water rights as provided in this subchapter or if the commission orders such a determination within 90 days after notice of the filing of a suit, the suit shall be abated on the motion of the commission or any party in interest as to any issues involved in the water rights determination.
(b) If a suit is abated as provided in Subsection (a) of this section, the court may grant or continue any temporary relief necessary to preserve the status quo pending a final determination of the water rights involved.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Structure Texas Statutes
Title 2 - Water Administration
Subchapter G. Water Rights Adjudication Act
Section 11.302. Declaration of Policy
Section 11.303. Recordation and Limitation of Certain Water Rights Claims
Section 11.304. Adjudication of Water Rights
Section 11.306. Notice of Adjudication
Section 11.307. Filing of Sworn Claims
Section 11.308. Hearings on Claims; Notice
Section 11.309. Preliminary Determination of Claims
Section 11.310. Evidence Open to Inspection
Section 11.311. Date for Filing Contests
Section 11.312. Notice of Preliminary Determination; Copies
Section 11.313. Filing Contests
Section 11.314. Hearing on Contest; Notice
Section 11.315. Final Determination
Section 11.316. Application for Rehearing
Section 11.317. Filing Final Determination With District Court
Section 11.318. Exceptions to Final Determination
Section 11.319. Hearings on Exceptions
Section 11.320. Scope of Judicial Review
Section 11.323. Certificate of Adjudication
Section 11.324. Recordation of Certificate
Section 11.325. Water Divisions
Section 11.326. Appointment of Watermaster
Section 11.3261. Watermaster Advisory Committee
Section 11.327. Duties of Watermaster
Section 11.328. Watermaster's Notice Posted
Section 11.329. Compensation and Expenses of Watermaster
Section 11.3291. Watermaster Fund
Section 11.330. Outlet for Free Passage of Water
Section 11.331. Measuring Devices
Section 11.332. Installation of Flumes
Section 11.333. Failure to Comply With Commission Rules
Section 11.334. Suit Against Commission for Injury
Section 11.335. Administration of Water Rights Not Adjudicated
Section 11.336. Administration of Permits Issued After Adjudication
Section 11.337. Hearings: Notice and Procedure
Section 11.338. Cancellation of Water Rights
Section 11.339. Underground Water Not Affected