PERMANENT WATER RIGHT
Applied in 3 court decisions — leading case Graham v. Kuzmich (1994)
Most recently applied in Phil Wilson, in His Official Capacity as General Manager of the Lower Colorado River Authority And Timothy Timmerman Thomas Michael Martine J. Scott Arbuckle Steve K. Balas Lori A. Berger Joseph M. Crane Pamela Jo Ellison John M. Franklin v. New Braunfels Utilities (July 2016)
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) A permanent water right is an easement and passes with the title to land.
(b) A written instrument conveying a permanent water right may be recorded in the same manner as any other instrument relating to a conveyance of land.
(c) The owner of a permanent water right is entitled to use water according to the terms of his contract. If there is no contract, the owner is entitled to use water at a just, reasonable, and nondiscriminatory price.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.