{"data":{"id":"us-tx/tex.-water-code-11.0841","jurisdiction":"us-tx","citation":"Tex. Water Code § 11.0841","heading":"CIVIL REMEDY.","body":"(a) Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available common-law remedy to enforce a right or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.\n(b) A district court may award the costs of litigation, including reasonable attorney fees and expert costs, to any political subdivision of the state, private corporation, or individual that is a water right holder and that prevails in a suit for injunctive relief to redress an unauthorized diversion, impoundment, or use of surface water in violation of this chapter or a rule adopted pursuant to this chapter.\n(c) For purposes of this section, the Parks and Wildlife Department has:\n(1) the rights of a holder of a water right that is held in the Texas Water Trust, including the right to file suit in a civil court to prevent the unlawful use of such a right;\n(2) the right to act in the same manner that a holder of a water right may act to protect the holder's rights in seeking to prevent any person from appropriating water in violation of a set-aside established by the commission under Section 11.1471 to meet instream flow needs or freshwater inflow needs; and\n(3) the right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471.\nAdded by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. Sept. 1, 1997.\nAmended by:\nActs 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.09, eff. September 1, 2007.\nActs 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.09, eff. September 1, 2007.","path":["WATER CODE","TITLE 2. WATER ADMINISTRATION","SUBTITLE B. WATER RIGHTS","CHAPTER 11. WATER RIGHTS","SUBCHAPTER C. UNLAWFUL USE, DIVERSION, WASTE, ETC."],"source_url":"https://statutes.capitol.texas.gov/Docs/WA/htm/WA.11.htm#11.0841","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:48Z","sha256":"560654d446bfabc01928b3f44c7fa1bb0597d250ce5c8490f5ae054b6f478bc3","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-water-code-11.084","next":"us-tx/tex.-water-code-11.0842"},"notice":"GroundRules: Original legal text. Not legal advice."}
