TCEQ Eases Some Restrictions on Water Rights

Conditions have improved to the point where the Texas Commission on Environmental Quality notified Brazos River Basin junior water-right holders that their right to divert water is no longer suspended.

In the spring and summer of 2011 the TCEQ responded to a senior priority call in the Brazos River Basin by notifying junior water-right holders with a priority date of 1960 or later that their right to divert was suspended. The senior priority call has now been rescinded, and water right holders can divert water again.

The TCEQ continues to monitor the situation closely and strives to balance protection of senior and superior surface water rights while attempting to minimize the impact to junior water right holders, within TCEQ’s authority. Please note that should another priority call be made or should drought conditions persist or worsen, suspensions of junior water rights may again be necessary.

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.

Drought conditions continue to be widespread across the state. 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.