A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to the amount which is being or can be beneficially used for the purposes specified in the appropriation, and all water not so used is considered not appropriated.
Tex. Water Code § 11.025
SCOPE OF APPROPRIATIVE RIGHT
Applied in 2 court decisions — leading case City of Marshall v. City of Uncertain (2006)
Most recently applied in City of Marshall v. City of Uncertain (June 2006)
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.