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Show TEXAS 707 has been that the private carrier has been inconsequential compared with Federal reclamation projects, which today supply water in Texas to municipalities as well as farm land. The fact that new commercial water companies are not being organized in Texas is evidenced by; the fact that in 1967 the legislature repealed statutes35 authorizing incorporation for the purpose of distributing water for profit, retaining a few statutes thought to be necessary for regulating the corporations already in existence.36 The carrier of water seems to be the owner of the appropriation right, and the consumer is re- garded merely as the customer of the appropriator.37 This does not mean that the consumers are at the mercy of the ditch companies. Most Texas water corporations execute delivery contracts for short periods, usually not exceeding 1 year,38 but the consumer is entitled to have his water delivery contract renewed.39 During times of water shortage, the water delivery must be reduced for all customers on a pro rata basis, in accordance with the amount contracted, to the end that "all shall suffer alike, and preferences be given none." 40 This seemingly simple statute has been given a complex construction by Texas courts,41 which have given preferential treatment to water users who are owners of "adjoining or contiguous" land over those who are not so located.42 3. Surface Wateks 3.1 Method of Acquiring Rights To the extent that riparian rights still exist in Texas, they are an incident of land ownership. Rights to use water may also be acquired by appropriation,43 and the exclusive method is by acquisition of a permit from the State water rights commission. The procedure for acquiring a permit is set forth in detail in the statutes, and is dis- cussed in sections 2.1 and 2.2 above, although it should be noted that salvaged waters are not deemed to be public waters, and rights therein cannot be acquired by appropriation.44 3.2 Nature and Limit of Bights A. BENEFICIAL USE As in other appropriation States, beneficial use is the measure of all appropriation rights in Texas. Beneficial use is defined in section 85 Sees. 7552, 7553 of the old Water Code. 38 These sees, are not Sees. 5.037 to 5.042. 37 Willis v. Neches Canal Co., 16 S.W. 2d 266, 269 (Tex. Comm. App. 1969). 38 Texas does not permit the ditch co. to convey to the irrigator by an ordinary deed a permanent water right which does in fact become an easement appurtenant to the land. Apparently such conveyances have never been common, however. 3» See. 5.038. «Sec. 5.039. 41 See the Willis case, note 4, p. 13, and Edinburg Irrig. Co. v. Ledbetter, 286 S.W. 185 (Tex. Comm. App., 1926). 42 See Roberts, Problems Connected with the Distribution of Irrigation Water in Texas, Proceedings, Univ. of Tex. Water Law Conferences, p. 79 (1952-54). Compare State v. Hidalgo County Water Control and Imp. Dist., 443 S.W. 2d 728, 750-52 (Tex. Civ. App. 1969). «Sec. 5.022. 44 With respect to the procedures to be followed in obtaining a permit, see sections 5.121 through 5.171. The status of salvaged water is discussed in Guelker v. Hidalgo County W.I.D. No. 6, 269 S.W. 2d 551 (Tex. Civ. App. 1954), and in W. Hutchins, note 1, p. 2, at 541-557, where numerous other cases are cited and discussed. 499-242-73- |
