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Texas Water Code - WATER § 11.0841. Civil Remedy

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available common-law remedy to enforce a right or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.

(b) A district court may award the costs of litigation, including reasonable attorney fees and expert costs, to any political subdivision of the state, private corporation, or individual that is a water right holder and that prevails in a suit for injunctive relief to redress an unauthorized diversion, impoundment, or use of surface water in violation of this chapter or a rule adopted pursuant to this chapter.

(c) For purposes of this section, the Parks and Wildlife Department has:

(1) the rights of a holder of a water right that is held in the Texas Water Trust, including the right to file suit in a civil court to prevent the unlawful use of such a right;

(2) the right to act in the same manner that a holder of a water right may act to protect the holder's rights in seeking to prevent any person from appropriating water in violation of a set-aside established by the commission under Section 11.1471 to meet instream flow needs or freshwater inflow needs;  and

(3) the right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471.

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Cite this article: FindLaw.com - Texas Water Code - WATER § 11.0841. Civil Remedy - last updated January 01, 2024 | https://codes.findlaw.com/tx/water-code/water-sect-11-0841/

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