Texas Water Commission:

An Inventory of Minutes at the Texas State Archives, 1913-1986

Agency History

In March 1913, the 33rd Texas Legislature (Regular Session) passed An Act to provide an adequate system of laws relating to irrigation (House Bill 37), which created the Texas State Board of Water Engineers. This three-member board had the broad mission of conserving state waters "in the greatest practicable measure for the public welfare."

The name of the board was changed in 1962 to the Texas Water Commission (House Bill 12, 57th Legislature, 3rd Called Session). The Commission was now required to hire a Chief Engineer to perform its technical engineering, hydrologic and geologic duties, more clearly defined by this act. In 1965, the name was changed again to the Texas Water Rights Commission (Senate Bill 145, 59th Legislature, Regular Session), and an Executive Director took the place of the Chief Engineer.

In 1977, the 65th Legislature (Regular Session, Senate Bill 1139) created the Texas Department of Water Resources, consisting of three major entities: the executive director (exercising the executive functions of the Department), the Texas Water Development Board (exercising the legislative functions), and the Texas Water Commission (exercising the judicial functions). The commission would now employ a Chief Clerk to assist it in its duties, as prescribed by the Texas Water Code.

The 69th Legislature (Regular Session) in 1985 (Senate Bill 249) abolished the Texas Department of Water Resources, dividing its responsibilities between the Texas Water Commission and the Texas Water Development Board. The commission assumed most of the department's regulatory duties as well as responsibilities for other programs previously handled by the Texas Department of Health and the Public Utility Commission; there was also a greater emphasis on enforcement. The mission of the commission could now be more accurately described in these terms: to allocate the state's waters for public benefit by striving for an appropriate balance between environmental protection and economic development.

To fulfil its mission, the State Board of Water Engineers/Texas Water Rights Commission/Texas Water Commission acquired the following duties and powers:

• to issue permits for the appropriation, storage, and diversion of surface water (for domestic and municipal purposes, manufacturing, irrigation, mining, hydro-electric power, navigation, and recreation);
• to approve plans and specifications pertaining to the organization of irrigation districts and other water improvement districts, including sewer systems and (since 1949) underground water conservation districts, and the issuance of bonds by such districts; to hear and decide complaints of water users against water owners, and to determine the reasonableness of rates for water use;
• to approve federal projects which require the approval of the Governor (since 1955);
• to measure the flow of streams, conduct topographic surveys, conduct evaporation studies (since 1914) and silt studies (since 1924), investigate underground water supplies (since 1929), and make various other statistical compilations in cooperation with the U.S. government, especially in light of the four interstate water compacts to which Texas is a party;
• to formulate rules and regulations governing the use of artesian waters;
• to make plans for the control and use of flood waters;
• to collect various fees in connection with the work; etc.

Since its inception the Commission was composed of three members appointed by the governor, confirmed by the Senate, with overlapping six-year terms. Members, who were paid a salary, were limited to two terms. Each of the three had to be a resident of a different section of the state. The chair was at first named by the Board, later by the governor.

In 1991, the 72nd Legislature (1st Called Session) passed Senate Bill 2 in an effort to consolidate the state's regulatory programs for air, water and waste. This began a two-year process of consolidation, culminating with the creation of the Texas Natural Resource Conservation Commission in 1993. In accordance with Senate Bill 2, sections of the Texas Department of Health dealing with solid waste, drinking water protection, and wastewater treatment were transferred to the Texas Water Commission (TWC) by March 1, 1992. On September 1, 1992, the Texas Water Well Drillers Board and the Texas Board of Irrigators were abolished and those functions transferred to the TWC. On September 1, 1993, the Texas Air Control Board and the Texas Water Commission were abolished and those functions were consolidated to form the Texas Natural Resource Conservation Commission. The Texas Water Commission became the core of the TNRCC and the TWC's three full-time commissioners automatically became the commissioners of the TNRCC.

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Scope and Contents of the Records

These records consist of 39 volumes containing the complete run of minutes of the Texas Water Commission and its predecessors between 1913 and 1986 (State Board of Water Engineers, 1913-1962; the first Texas Water Commission, 1962-1965; the Texas Water Rights Commission, 1965-1977; and the Texas Water Commission as part of the Texas Department of Water Resources, 1977-1986). The minutes are typewritten, with original signatures. The first 14 minute books (1913-1967) have indexes, either bound at the beginning of each volume (books 1-9), or foldered separately (books 10-14).

The bulk of the minutes contain applications for permits, cancellations of permits, forfeitures, certified filings, and presentations concerning water allocations. In addition, the minutes cover administrative matters handled by the commission, listed in the indices under such headings as appointments, cooperative agreements, directors (appointments, bonds, etc.), duty measurements, federal projects and contracts, fees collected, financial statements, financing master plans, gauging stations, legal services, personnel, petitions and complaints, rate hearings, rules and regulations, water authorities and districts (creation of, master plans, etc.), miscellaneous orders, etc. The minutes frequently contain the full texts of final determination of adjudication of all claims for water rights, and of commission orders.

Also included is a supplementary volume containing various applications to the Water Commission, for two brief time periods: (a) Applications for amendment, 1963-1965; and (b) Applications for term permit based on a contract, Applications for raw water service, Applications for service, and Applications for approval of a written contract (CA-147 thru CA-196), 1971-1972.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Minutes, Texas Water Commission. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1991/041, 1992/043

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Water Commission, Administrative Services Division, Records Services Section on December 17, 1990; and December 10, 1991.

Processing Information

Tony Black, June 1991, December 1991

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Detailed Description of the Records

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