L
LadyBlu
Guest
I am leasing 17 acres and have a creek (natural waterway that runs through the center of it) the people upstream from me (nextdoor) have dammed the water flow with dirt, made a halfass road going across.. (I should also mentionthis creek/waterway runs through the middle of several properties and was a selling point of the properties when the ranch land was subdivided)well with all the rain we have had this past two weeks and now are expecting more throughout the week, I am not feeling really safe.. the water flow is so strong that it sounds like niagara falls in my backyard.. Prior to the rain we have been getting the people that live downstream have been complaining of not having water running in the creek this year whereas years past there has always been water in it.
I have called the County Judge thta is the Flood Control manager for our county, and then last week called the DA, the DA is trying to get info for me from a real estate attorney in the area.
I need to see if you know if these statutes that I found under TX State Statutes Water Code Chapter11
§ 11.021. State Water
(a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.
(b) Water imported from any source outside the boundaries of the state for use in the state and which is transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned or operated by the state is the property of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 11.022. Acquisition of Right to Use State Water
The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When the right to use state water is lawfully acquired, it may be taken or diverted from its natural channel.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 11.023. Purposes for Which Water May be Appropriated
(a) State water may be appropriated, stored, or diverted for:
(1) domestic and municipal uses, including water for sustaining human life and the life of domestic animals;
(2) industrial uses, meaning processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;
(3) irrigation;
(4) mining and recovery of minerals;
(5) hydroelectric power;
(6) navigation;
(7) recreation and pleasure;
(8) stock raising;
(9) public parks; and
(10) game preserves.
(b) State water also may be appropriated, stored, or diverted for any other beneficial use.
(c) Unappropriated storm water and floodwater may be appropriated to recharge underground freshwater bearing sands and aquifers in the portion of the Edwards underground reservoir located within Kinney, Uvalde, Medina, Bexar, Comal, and Hays counties if it can be established by expert testimony that an unreasonable loss of state water will not occur and that the water can be withdrawn at a later time for application to a beneficial use. The normal or ordinary flow of a stream or watercourse may never be appropriated, diverted, or used by a permittee for this recharge purpose.
(d) When it is put or allowed to sink into the ground, water appropriated under Subsection (c) of this section loses its character and classification as storm water or floodwater and is considered percolating groundwater.
(e) The amount of water appropriated for each purpose mentioned in this section shall be specifically appropriated for that purpose, subject to the preferences prescribed in Section 11.024 of this code. The commission may authorize appropriation of a single amount or volume of water for more than one purpose of use. In the event that a single amount or volume of water is appropriated for more than one purpose of use, the total amount of water actually diverted for all of the authorized purposes may not exceed the total amount of water appropriated.
(f) The water of any arm, inlet, or bay of the Gulf of Mexico may be changed from salt water to sweet or fresh water and held or stored by dams, dikes, or other structures and may be taken or diverted for any purpose authorized by this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1010, § 2.03, eff. Sept. 1, 1997.
§ 11.034. Reservoir Site: Land and Rights-of-Way
An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area for the site, over any public school land, university land, or asylum land of this state and the use of the rock, gravel, and timber on the site and right-of-way for construction purposes, after paying compensation as determined by the commission. An appropriator may acquire the reservoir site and rights-of-way over private land by contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=UPLPIIVLQKRV&CQ_QUERY_HANDLE=124000&CQ_CUR_DOCUMENT=3&CQ_TLO_DOC_TEXT=YES
TX State Water Code Chapter 11
Would apply to my situation. I am leasing the house and property from a friend that works as a contractor in Kuwait and is wanting me to handle this for him since he wont be back to the states until Feb or March.
If you could reply with any advice I would appreciate it..
I have called the County Judge thta is the Flood Control manager for our county, and then last week called the DA, the DA is trying to get info for me from a real estate attorney in the area.
I need to see if you know if these statutes that I found under TX State Statutes Water Code Chapter11
§ 11.021. State Water
(a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.
(b) Water imported from any source outside the boundaries of the state for use in the state and which is transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned or operated by the state is the property of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 11.022. Acquisition of Right to Use State Water
The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When the right to use state water is lawfully acquired, it may be taken or diverted from its natural channel.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 11.023. Purposes for Which Water May be Appropriated
(a) State water may be appropriated, stored, or diverted for:
(1) domestic and municipal uses, including water for sustaining human life and the life of domestic animals;
(2) industrial uses, meaning processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;
(3) irrigation;
(4) mining and recovery of minerals;
(5) hydroelectric power;
(6) navigation;
(7) recreation and pleasure;
(8) stock raising;
(9) public parks; and
(10) game preserves.
(b) State water also may be appropriated, stored, or diverted for any other beneficial use.
(c) Unappropriated storm water and floodwater may be appropriated to recharge underground freshwater bearing sands and aquifers in the portion of the Edwards underground reservoir located within Kinney, Uvalde, Medina, Bexar, Comal, and Hays counties if it can be established by expert testimony that an unreasonable loss of state water will not occur and that the water can be withdrawn at a later time for application to a beneficial use. The normal or ordinary flow of a stream or watercourse may never be appropriated, diverted, or used by a permittee for this recharge purpose.
(d) When it is put or allowed to sink into the ground, water appropriated under Subsection (c) of this section loses its character and classification as storm water or floodwater and is considered percolating groundwater.
(e) The amount of water appropriated for each purpose mentioned in this section shall be specifically appropriated for that purpose, subject to the preferences prescribed in Section 11.024 of this code. The commission may authorize appropriation of a single amount or volume of water for more than one purpose of use. In the event that a single amount or volume of water is appropriated for more than one purpose of use, the total amount of water actually diverted for all of the authorized purposes may not exceed the total amount of water appropriated.
(f) The water of any arm, inlet, or bay of the Gulf of Mexico may be changed from salt water to sweet or fresh water and held or stored by dams, dikes, or other structures and may be taken or diverted for any purpose authorized by this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1010, § 2.03, eff. Sept. 1, 1997.
§ 11.034. Reservoir Site: Land and Rights-of-Way
An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area for the site, over any public school land, university land, or asylum land of this state and the use of the rock, gravel, and timber on the site and right-of-way for construction purposes, after paying compensation as determined by the commission. An appropriator may acquire the reservoir site and rights-of-way over private land by contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=UPLPIIVLQKRV&CQ_QUERY_HANDLE=124000&CQ_CUR_DOCUMENT=3&CQ_TLO_DOC_TEXT=YES
TX State Water Code Chapter 11
Would apply to my situation. I am leasing the house and property from a friend that works as a contractor in Kuwait and is wanting me to handle this for him since he wont be back to the states until Feb or March.
If you could reply with any advice I would appreciate it..