- (a) Except as provided by subsection (b) of this section, if all or part of a water right has not been put to beneficial use during a consecutive ten year period, such water right is subject to cancellation in whole or in part as provided by this subchapter.
(b) A water right is not subject to cancellation as provided by subsection (a) of this section to the extent that such nonuse is the result of:
- (1) the water right holder's participation in the Conservation Reserve Program authorized by the Food Security Act, Pub. L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985) or a similar governmental program;
- (2) the water right being held to meet longterm water supply needs as demonstrated by the water right holder or as reflected in regional water planning in accordance with the applicable regional water plan approved pursuant to Texas Water Code §16.053;
- (3) the deposit of the water right in the Water Trust for the maintenance of environmental flow needs in accordance with Texas Water Code §15.7031; or
- (4) the deposit of the water right in the Texas Water Bank and the water right is protected from cancellation in accordance with Texas Water Code §15.703.
Source Note:The provisions of this §297.71 adopted to be effective February 24, 1999, 24 TexReg 1162.