Section 297.75 - Abandonment of Water Right(a) A water right shall be determined to have been abandoned if the water right holder: (1) has the intent to knowingly relinquish the water right; and(2) the water right has not been used for a consecutive three-year period or more.(b) The requisite intent for abandonment can be shown by express statements of the water right holder.(c) Petition, notice and hearing under this section shall be provided in the same manner as the cancellation of a water right provided by § 297.72 of this title (relating to Notice and Hearing).(d) If the commission's records reflect that the amount of water authorized to be appropriated under a water right is not being used, either in whole or in part, the executive director may send an appropriate form to the holder of the water right by which the holder or the holder's authorized agent may request cancellation of the unused portion of the right or the entire right.30 Tex. Admin. Code § 297.75
The provisions of this §297.75 adopted to be effective February 24, 1999, 24 TexReg 1162