June 30, 2011
The press release sent out from the Texas Commission on Environmental Quality (TCEQ) this week, June 27, stated the following:
Drought conditions continue to be widespread across the state. As a result, the Texas Commission on Environmental Quality is continuing to inform water-rights holders in the Brazos River Basin that water rights will be administered on a priority basis.
Today the executive director of the TCEQ notified certain Brazos River Basin junior water-right holders with a priority date of 1960 or earlier that their right to divert water is immediately suspended. Suspended water rights include those with a priority date of 1960 or later, term, and temporary water-right permits in the mid- and lower- Brazos River Basin. Previous suspension was of rights 1980 or later.
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.