The TCEQ is responsible for the administration of
water rights in Texas. The agency issues new and amended water
rights and certificates of adjudication, and cancels water rights.
Except in areas of the state that are managed by a watermaster
program, managing water during times of water shortage and
enforcing water rights is limited.
What Watermasters Do
The TCEQ’s watermaster programs ensure compliance with
water rights by monitoring stream flows, reservoir levels, and
water use. They also coordinate diversions in the basins which are
managed by their programs. The watermaster regulates reservoirs as
needed to prevent the wasting of water or its being used in
quantities beyond a user's right.
Before diverting, a water-right holder must notify the
watermaster of the intent to divert at a specific time and the
specific amount of water to be diverted. Assuming that the water is
available and that the water-right holder has not exceeded, or will
not exceed, the annual authorized appropriation of water, the
watermaster then authorizes the diversion and records this against
the right. The two watermaster programs include staff
“deputies” who daily, weekly, or monthly make field
inspections of authorized diversions to insure compliance with the
water right (e.g., that the diversion rate is not exceeded).
If a water-right holder does not comply with his or her water
right or the rules of the Commission, the executive director may
direct the watermaster to adjust the control works to prevent the
owner from diverting, taking, storing, or distributing water until
he or she complies.
As provided by the Texas Water Code, the TCEQ collects fees from
all water right holders within the watermaster’s jurisdiction
in order to pay for the expenses of the watermaster’s
operations and duties. An account is maintained for each
water-right owner based on each type of authorized use under the
water right. The total assessment per account comprises two fees: a
base fee charged on each account and a use fee charged on the total
number of acre-feet of water the owner is authorized to divert per
year for each authorized use. The current base fee is $50 per
account and generally does not change from year to year. The use
fee is calculated each year and is based on the proposed operating
budget for each watermaster program.
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Map of Watermaster Areas
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How a Watermaster Program Is Established
Under Texas Water Code 11.325
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WORD 
, water divisions may be created from time
to time as the need arises. The role of the water divisions is to
protect the holders of water rights while keeping the costs of
state supervision reasonable. The executive director of the TCEQ
may appoint a watermaster to an established water division. The
TCEQ may also authorize the executive director to appoint a
watermaster upon receipt of a petition of 25 or more holders of
water rights in a river basin or segment of a river basin. This
requires a hearing before the commission where persons may present
testimony and evidence either in support of, or against, the
petition.
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How the Advisory Committees Were Established
In 1997, the Texas Legislature amended Texas Water Code
11.326–27
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WORD to require the executive director of the
TCEQ to establish a Watermaster Advisory Committee for each of the
state’s watermaster programs. The Rio Grande
Watermaster Advisory Committee and the South Texas
Watermaster Advisory Committee were established in January
1998. These committees are made up of a minimum of nine and a
maximum of 15 members, who are holders of water rights or
representatives of holders of water rights in the water division of
a watermaster. In appointing the members, the executive director
considers geographic representation, amount of water rights held,
different types of holders of water rights and users such as water
districts, municipal suppliers, irrigators, and industrial users,
and experience and knowledge in water management practices. WAC
members serve two-year terms and are not entitled to reimbursement
of expenses or to compensation for participation on the
committee.
The WAC’s responsibilities include:
- providing recommendations to the executive director regarding
activities of benefit to the holders of water rights in the
administration and distribution of water to holders of water
rights;
- review and comment to the executive director on the annual
budget of the watermaster operations; and
- other duties as may be requested by the executive director with
regard to the watermaster operations or as requested by holders of
water rights in a water division which the committee deems of
benefit to the administration of water rights in water
divisions.
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