In Texas, the Texas Commission on Environmental Quality (TCEQ) administers surface water rights by priority doctrine (first in time, first in right). When a senior water right holder is not getting the water to which it is entitled, it can make a senior water right call and request TCEQ enforcement of the priority doctrine. The drought of 2011 and ongoing drought conditions have challenged the priority doctrine.
In 2011, TCEQ received 15 senior water right calls resulting in the suspension of approximately 1,200 water right permits. Senior water right calls were made in the Brazos,...
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TagsWater Rights, TCEQ, drought,