Sec. 49.504. EFFECT OF MUNICIPAL WATER SUPPLIER'S FAILURE TO FILE A PETITION. (a) If a municipal water supplier does not file a petition under Section 49.503, the district may retain the water rights for use by the district or may declare the water as excess and contract for the sale or use of the water as determined by the district.
(b) Before a district may contract for the sale or use of water for more than one year with a purchaser located outside of a county described by Section 49.502, the district must, for 90 days:
(1) make the water available under the same terms to all municipal water suppliers located in those counties; and
(2) advertise the offer to sell or contract for the use of the water by posting notice on:
(A) any website of the Rio Grande Watermaster's Office;
(B) any website of the Rio Grande Regional Water Authority; and
(C) the official posting place for the district's board meetings at the district's office.
(c) If, after the 90th day after the last date on which the district posted notice, a municipal water supplier in a county described by Section 49.502 has not contracted with the district for the sale or use of the water, the district may contract with any other person for the sale or use of the water under the terms of the offer advertised under Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 49 - Provisions Applicable to All Districts
Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights
Section 49.503. Petition by Municipal Water Supplier to Convert Water Use After Subdivision
Section 49.504. Effect of Municipal Water Supplier's Failure to File a Petition
Section 49.505. Calculation of Proportionate Water Rights
Section 49.506. Provision or Conversion of Proportionate Water Rights by District
Section 49.507. Contract to Purchase Proportionate Water Rights; Water Rights Sale Contract
Section 49.508. Contract to Use Proportionate Water Rights; Water Supply Contract
Section 49.509. Duty of Rio Grande Regional Water Authority to Calculate Current Market Value
Section 49.510. Accounting for Sale of Water Rights