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<br /> <br />Maior Physical, Legal, and Institutional Characteristics <br /> <br />0: <br />.-:, <br /> <br />Texas authorizes the use of state water through a permitting system <br />administered by the Texas Natural Resource Conservation Commission <br />(TNRCC) or by the adjudication of claims by state court under the Texas <br />Water Rights Adjudication Act. Texas Water Code, Chapter 11, Section <br />11.301 states that water uses requiring a permit and specific guidelines are <br />to be administered by the TNRCC. Beyond surface water, Texas also governs <br />percolating groundwater and underground streams. Groundwater is subject <br />to capture and use by the overlying landowner as long as the use is beneficial <br />and does not waste the water. Groundwater withdrawal and use may be <br />subject to local regulation by an underground water conservation district <br />created under Chapter 52 of the Texas Water Code or by special districts or <br />authorities created by the Texas Legislature. Water that is below the <br />surface ofthe land, is subject to capture and ownership by the overlying <br />landowner, unless and until, it is established that such water is in an <br />underground stream or is the underflow of a surface stream. Water <br />determined to be flowing in an underground stream is governed by surface <br />water law and is subject to state ownership and control. <br /> <br />~:t: <br />i ~iZ~ <br />(-j <br /> <br />.~. <br /> <br />Texas has several exceptions to the basic prior appropriation system: <br />(1) priority of water rights granted on the main stem of the Rio Grande below <br />the Amistad Reservoir in the Lower Rio Grande Valley were assigned based <br />on use, rather than filing date; (2) in the reach of the river below Amistad <br />Reservoir, domestic, municipal, and industrial rights prevail over irrigation, <br />mining, and other uses of water during low-flow conditions; (3) under the <br />"futile call" doctrine, the TNRCC may allow upstream junior rights to divert <br />water, if the water reaching a downstream senior right would be insufficient <br />for beneficial use even in the instance when no diversions were permitted to <br />the former; (4) the Wagstaff Act provides that any appropriation after May <br />17, 1931, other than on the Rio Grande and for any purpose other than <br />domestic or municipal use, is subject to the right of any city or town to make <br />further appropriations for the water for domestic or municipal use without <br />compensation; and (5) riparian rights provided for domestic or livestock uses, <br />dating back to 1840, are superior to appropriative rights. <br /> <br />.".-: <br /> <br />-~ <br />,. <br />~:; <br /> <br />~~: <br /> <br />The Water Rights Adjudication Act devised the watermaster program, <br />allowing all water rights to be effectively administered by the TNRCC. <br />Watermasters are appointed to adjudicated divisions in the state by the <br />executive director of the TNRCC. With some limitations, the watermaster <br />has the authority to regulate the controlling works of reservoirs and <br />diversion facilities in order to protect water rights during low-flow stream <br />conditions. Disputes outside an established watermaster area are handled <br /> <br />, ! I)QQ9 <br />~ ~\J ,... <br /> <br />19 <br />