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<br />Water - CHAPTER 11 <br /> <br />e <br /> <br />e <br /> <br />Page 28 of 97 <br /> <br />(v) The provisions of this section, except Subsection (a), do not <br />apply to: <br /> <br />(1) a proposed transfer which in combination with any existing <br />transfers totals less than 3,000 acre-feet of water per annum from <br />the same permit, certified filing, or certificate of adjudication; <br /> <br />(2) a request for an emergency transfer of water; <br /> <br />(3) a proposed transfer from a basin to its adjoining coastal basin; <br />or <br /> <br />(4) a proposed transfer from a basin to a county or municipality or <br />the municipality's retail service area that is partially wi thin the <br />basin for use in that part of the county or municipality and the <br />municipality's retail service area not within the basin. <br /> <br />Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, ~ 1, eff. Sept. 1, <br />1977; Acts 1997, 75th Leg., ch. 1010, ~ 2.08, eff. Sept. 1, 1997. <br /> <br />Amended by Acts 2001, 77th Leg., ch. 966, ~ 2.05, eff. Sept. 1, 2001; <br />Acts 2001, 77th Leg., ch. 1234, ~ 12, eff. Sept. 1, 2001. <br /> <br />0~ S 11.086. Overflow Caused by Diversion of Water <br /> <br />~", . <br /> <br />(a) No person may divert or impound the natural flow of surface <br />waters in this state, or permit a diversion or impounding by him to <br />continue, in a manner that damages the property of another by the <br />overflow of the water diverted or impounded. <br /> <br />(b) A person whose property is injured by an overflow of water caused <br />by an unlawful diversion or impounding has remedies at law and in <br />equity and may recover damages occasioned by the overflow. <br /> <br />(c) The prohibition of Subsection (a) of this section does not in any <br />way affect the construction and maintenance of levees and other <br />improvements to control floods, overflows, and freshets in rivers, <br />creeks, and streams or the construction of canals for conveying water <br />for irrigation or other purposes authori zed by this code. However, <br />this subsection does not authorize any person to construct a canal, <br />lateral canal, or ditch that obstructs a river, creek, bayou, gully, <br />slough, ditch, or other well-defined natural drainage. <br /> <br />(d) Where gullies or sloughs have cut .away or intersected the banks <br />of a river or creek to allow floodwaters from the river or creek to <br />overflow the land nearby, the owner of the flooded land may fill the <br />mouth of the gullies or sloughs up to the height of the adjoining <br />banks of the river or creek without liability to other property <br /> <br />http://www.capitol.state.tx.uslcgi-bin/cqcgi?CQ_SESSION _ KEY=SZPICOQJSKOM&CQ... 6/25/2003 <br />