Let’s pretend I own 25 acres of land with a nice river flowing over it (don’t roll your eyes- there are nice rivers in Texas).
I want to take and use all the water from the river, but I must be careful. I may not have the right to do that.
Here is a basic breakdown of law concerning water in Texas:
- Groundwateris water under the surface of the land (unless it’s an underground flow of water).
- Groundwater is owned by the landowner.
- Landowners can capture and use groundwater.
- Groundwater is regulated by local conservation districts.
- Surface wateris all bodies of surface water, natural or not, such as lakes, ponds, springs, rivers, streams, creeks, related.
- Surface water is owned by the State and regulated by TCEQ.
- Landowner can generally use surface water for domestic and livestock use.