| OCR Text |
Show CURRENT STATUS 531 notice, and hearing.107 The watermaster has authority to regulate and to lock headgates and measuring devices in enforcing proper distribution of water under any adjudication decree or, if none, any temporary schedule of water deliveries the water users may agree upon.108 Water use control areas may be established after petition to the Water Resources Commission by a specified percentage of those claiming rights in either surface or ground waters in the proposed area, investigation and public hearings by the Commission, and determination by it of the necessity and feasibility of establishing the area.109 If the control area is established, the Commission appoints a watermaster for the area and exercises, in general, the same functions with respect to the area as it does elsewhere in the State.110 Actions of the watermaster may be appealed to the Commission;111 and actions of the Commission concerning establishment of a water use control area and administration therein may be appealed to the court having jurisdiction.112 Texas A special statutory adjudication procedure enacted in 1917 and held unconstitutional in 1921113 was accompanied by several sections relating to supervision of diversions of water pursuant to the determination.114 Nullifica- tion of the adjudication procedure necessarily rendered useless the procedures that were provided to enforce the adjudications. All sections pertaining to both procedures were omitted from the Revised Civil Statutes of 1925.115 In 1967 the Texas Legislature enacted a different statutory adjudication procedure which includes, as did the 1917 legislation, provisions for the administration of water rights. The Water Rights Commission is directed to divide the State into water divisions, as necessary, for the administration of adjudicated water rights. It may appoint one watermaster for each division.116 The watermaster is to divide the waters of his division in accordance with adjudicated water rights; he shall regulate or cause to be regulated the controlling works of reservoirs and diversion works during water shortages as is necessary because of existing stream water rights or to prevent waste of water 107Id. § 46-10-11. 108 Id. § 46-10-12. 109 Id. § § 46-10-14 to 46-10-17. 110 Id. § 46-10-19 etseq. ulId. § 46-10-13. U2Id. § 46-10-27. 113Board ofWater Comm'rs v.McKnight, 111 Tex. 82, 229 S.W. 301 (1921). U4Tex. Laws 1917, ch. 88, § § 130-134. 115 Tex. Rev. Civ. Stat. 1925, Final Title, § 2. mTex. Rev. Civ. Stat. Ann. art. 7542a, §§ 8(a) and 8(b) (Sapp. 1970). Each division shall be constituted to best protect water rights holders and secure the State's most economical supervision. Id. art. 7542a, § 8(a). |
