Texas § 11.036 CONSERVED OR STORED WATER: SUPPLY CONTRACT.

Texas Statutes

§ 11.036 — CONSERVED OR STORED WATER: SUPPLY CONTRACT.

Texas § 11.036

Code WAWater Code

This text of Texas § 11.036 (CONSERVED OR STORED WATER: SUPPLY CONTRACT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Water Code Code Ann. § 11.036 (2026).

Text

Sec. 11.036. CONSERVED OR STORED WATER: SUPPLY CONTRACT.

(a)A person, association of persons, corporation, or water improvement or irrigation district having in possession and control any storm water, floodwater, or rainwater that is conserved or stored as authorized by this chapter may contract to supply the water to any person, association of persons, corporation, or water improvement or irrigation district having the right to acquire use of the water.

(b)The price and terms of the contract shall be just and reasonable and without discrimination, and the contract is subject to the same revision and control as provided in this code for other water rates and charges. If the contract sets forth explicit expiration provisions, no continuation of the service obligation will be implied.

(c)

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Sec. 11.036. CONSERVED OR STORED WATER: SUPPLY CONTRACT. (a) A person, association of persons, corporation, or water improvement or irrigation district having in possession and control any storm water, floodwater, or rainwater that is conserved or stored as authorized by this chapter may contract to supply the water to any person, association of persons, corporation, or water improvement or irrigation district having the right to acquire use of the water.
(b) The price and terms of the contract shall be just and reasonable and without discrimination, and the contract is subject to the same revision and control as provided in this code for other water rates and charges. If the contract sets forth explicit expiration provisions, no continuation of the service obligation will be implied.
(c) The terms of a contract may expressly provide that the person using the stored or conserved water is required to develop alternative or replacement supplies prior to the expiration of the contract and may further provide for enforcement of such terms by court order.
(d) If any person uses the stored or conserved water without first entering into a contract with the party that conserved or stored it, the user shall pay for the use at a rate determined by the commission to be just and reasonable, subject to court review as in other cases.
(e) This section does not apply to a transfer of water or water rights originating from outside this state under Section 15.703 (a)(6) to any person having the right to acquire use of the water.

Navarro County Wholesale Ratepayers M.E.N. Water Supply Corporation Angus Water Supply Corporation Chatfield Water Supply Corporation Corbet Water Supply Corporation City of Blooming Grove City of Frost City of Kerens And Community Water Company v. Zachary Covar, Executive Director of the Texas Commission on Environmental Quality The Texas Commission on Environmental Quality, Its Commissioners, Bryan Shaw, Carlos Rubenstein and Toby Baker, and City of Corsicana

(Court of Appeals of Texas, 2015)

Texas Water Commission, Trinity Water Reserve, Inc., D/B/A Devers Canal System and Devers Canal Rice Producers Association, Inc. v. Boyt Realty Co., J & E Farms, Inc., Three Dailey Farms, Inc., J. M. Frost, III and Ford J. Frost

(Court of Appeals of Texas, 1999)

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

(Court of Appeals of Texas, 2008)

McAllen Public Utility v. Othal E. Brand, Jr. in His Official Capacity as Board President, Chris Burns in His Official Capacity as Vice President, Mark Freeland in His Official Capacity as Secretary, W.D. Moschel in His Official Capacity as Member, Lance Neuhaus in His Official Capacity as Member of the Board of Directors of Hidalgo County Water Improvement District No. 3

(Court of Appeals of Texas, 2024)

Legislative History

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1010, Sec. 2.05, eff. Sept. 1, 1997. Amended by: Acts 2025, 89th Leg., R.S., Ch. 954 (S.B. 7 ), Sec. 1.02, eff. September 1, 2025.