Exclusions

What is an exclusion?

An exclusion is the formal removal of a tract of land from the boundaries of the District. Land that has been platted, developed, or otherwise permanently taken out of agricultural production no longer receives irrigation water and may be excluded from the District so that it is no longer subject to the District's flat-rate assessment.

Exclusions are granted by the Board of Directors following a written petition by the landowner and a public hearing, as authorized by Chapter 49 and Chapter 58 of the Texas Water Code. Exclusion does not release a landowner from assessments, penalties or interest that accrued before the effective date of the exclusion, and does not relieve the tract of its share of outstanding bonded indebtedness where applicable.

How to petition for exclusion

1. Submit a written petition to the General Manager identifying the owner of record, the legal description of the tract, and the acreage requested for exclusion.
2. Attach a current survey or recorded plat, a copy of the deed, and evidence that the tract is no longer irrigated by District facilities.
3. Pay the applicable filing and administrative fee and settle all assessments owing against the tract.
4. Staff will inspect the tract, verify that no District easements or facilities are affected, and place the petition on a regular meeting agenda.
5. The Board will conduct a public hearing and, if the petition is granted, will adopt an order of exclusion recorded in the District's minutes.

Developers platting acreage inside the District should also complete the plat submittal process so drainage and irrigation easements are properly reflected before recording.

Eligibility for water service

To receive an irrigation delivery, an account must be in good standing and the tract must be within District boundaries, physically served by a District canal, lateral or pipeline, and current on all flat-rate and water-use assessments.

• Accounts with a delinquent balance are not eligible to order water.
• The acreage claimed must match the irrigable acreage of record on the District's assessment roll.
• Farm ditches, turnouts and private pipelines must be maintained in a condition that allows measured delivery.
• A change of ownership must be reported with a recorded deed so the account can be transferred.

Allocation during water shortage

The District's supply is limited to the water credited to it in the Rio Grande Watermaster accounts. When storage in the Amistad and Falcon reservoirs falls below the levels needed to meet demand, the Board declares a shortage and allocates the available supply among eligible accounts on a per-acre basis.

• Allocation is calculated in acre-inches per irrigable acre and is announced by Board order.
• Unused allocation may carry within the allocation period as determined by Board policy but is not transferable between accounts without written approval.
• Deliveries during allocation are scheduled by rotation so that canal levels remain stable and measurement remains accurate.
• Exceeding an allocation may result in suspension of service and additional water-use charges.

Current shortage conditions and the stages that trigger mandatory measures are described in the Drought Contingency Plan.

Questions

Contact the District office for exclusion forms, fee schedules and account verification. Staff can confirm the irrigable acreage of record for any tract before a petition is filed. See our contact page for office hours and staff directory.