§ 113.001.Definitions
Title 5. Governmental Liability · Chapter 113. Water Supply Contract Claim Against Local District or Authority · Last amended 2013 · Last verified August 29, 2026
Full Text of § 113.001
Plain-English Summary
Two definitions that set the boundaries of a narrow waiver.
"Adjudicating a claim" means bringing a civil suit and prosecuting it to final judgment in court. The waiver is a waiver of immunity to suit, so the definition describes a completed case rather than a filing.
Arbitration is included where the contract requires it. The term also covers an authorized arbitration proceeding prosecuted to final resolution under any mandatory procedures established in the contract.
That inclusion matters for water supply contracts, which often carry their own dispute procedures. Without it, a district could argue that agreeing to arbitrate put the claim outside the waiver.
"Local district or authority" means a special-purpose district or authority, and the definition then lists them: levee improvement, drainage, irrigation, water improvement, water control and improvement, water control and preservation, fresh water supply, navigation, special utility, and river authorities.
It closes with any conservation and reclamation district, which is the constitutional category most Texas water districts are created under.
The list is long because the state’s water suppliers are many things. A power plant may buy water from a river authority in one basin and a water control and improvement district in the next, and the waiver has to reach both.
Frequently Asked Questions
What counts as adjudicating a claim?
Bringing a civil suit and prosecuting it to final judgment, and also an authorized arbitration prosecuted to final resolution under mandatory procedures in the contract.
Which entities are local districts or authorities?
Special-purpose districts and authorities — levee improvement, drainage, irrigation, water improvement, water control, fresh water supply, navigation, special utility and river authorities, and any conservation and reclamation district.
Does agreeing to arbitrate take a claim outside the chapter?
No. Contractually required arbitration is part of the definition.
Amendment History
- Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
- Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.