Wednesday, May 18, 2011 – Drought conditions continue to be widespread across the state. As a result, the Texas Commission on Environmental Quality informed water-rights holders on April 11, 2011 that there may be a need to administer water rights on a priority basis. On April 18, 2011, TCEQ received a senior priority call in the Brazos River Basin.

In response, the executive director of the TCEQ notified certain Brazos River Basin junior water-right holders that their right to divert water is immediately suspended. Suspended water rights include those with a priority date of 1980 or later, term, and temporary water-right permits in the mid- and lower- Brazos River Basin.

In order to protect public health and welfare, water rights with municipal uses or for power generation have not been suspended. Land owners with property adjacent to the Brazos River may also continue to divert water for domestic and livestock use as part of their inherent riparian rights.

These actions are guided by the priority doctrine in Texas law. The most senior water rights are served first during times of drought with domestic and livestock uses superior to any appropriated rights. Water rights are suspended or curtailed by priority date, with the most recently issued – or “junior” – priority users suspended before senior water rights in the area.

The TCEQ has asked that all Brazos River water-right holders take steps to conserve water, implement their drought contingency plans, and prepare for additional suspensions or curtailments should drought conditions persist.

Water is a precious resource – all Texans are encouraged to conserve, especially during times of drought.

Contact:  Andrea Morrow
Phone:  512-239-5011
Pager:  512-896-3727