Section 11.0841 - Civil Remedy(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.(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.(c) For purposes of this section, the Parks and Wildlife Department has: (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;(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(3) the right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471.Tex. Water Code § 11.0841
Amended By Acts 2007, 80th Leg., R.S., Ch. 1351, Sec. 1.09, eff. 9/1/2007.Amended By Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 1.09, eff. 9/1/2007.Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. 9/1/1997.