Texas Water Code 49.504 – Effect of Municipal Water Supplier’s Failure to File a Petition
(a) If a municipal water supplier does not file a petition under § 49.503, the district may retain the water rights for use by the district or may declare the water as excess and contract for the sale or use of the water as determined by the district.
(b) Before a district may contract for the sale or use of water for more than one year with a purchaser located outside of a county described by § 49.502, the district must, for 90 days:
(1) make the water available under the same terms to all municipal water suppliers located in those counties; and
(2) advertise the offer to sell or contract for the use of the water by posting notice on:
(A) any website of the Rio Grande Watermaster’s Office;
(B) any website of the Rio Grande Regional Water Authority; and
(C) the official posting place for the district’s board meetings at the district’s office.
Terms Used In Texas Water Code 49.504
- Board: means the governing body of a district. See Texas Water Code 49.001
- Contract: A legal written agreement that becomes binding when signed.
- District: means any district or authority created by authority of either Sections Texas Water Code 49.001
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) If, after the 90th day after the last date on which the district posted notice, a municipal water supplier in a county described by § 49.502 has not contracted with the district for the sale or use of the water, the district may contract with any other person for the sale or use of the water under the terms of the offer advertised under Subsection (b).