With the population of Texas steadily increasing and the persistent, hot summers, water can be tough to come by in the state. This is especially urgent for ranchers who make their livelihood with their property. A key element to gaining a leg up on water shortages is understanding Texas riparian water rights. The following examines the complexities involved with these rights including a look at what regulatory agency oversees this aspect of the law, what permits are needed, and rules and restrictions involved with the different water sources.

WHAT ARE RIPARIAN RIGHTS??

Water rights outline the terms and conditions for water usage in the state. Essentially, it gives landowners the right to pump water from streams and rivers for another use. This includes the right to capture water in order to store it in a reservoir, or the right to reroute river water to an established location. Rights are dependent upon the type of water (ground or surface) and where the body of water is located. Additionally, the laws are different depending on whether or not it is being used for domestic purposes or livestock.

WHO OVERSEES THE RIGHTS?

Frequently referred to as the TCEQ, the Texas Commission on Environmental Quality is responsible for managing water rights. They’re responsible for issuing permits. The exact permits required differ based on the acreage involved and expected length of ownership. Some of the most common permits filed include:

• Amendment of Water Rights Permit

• Transfer of Water Rights Ownership

• Mariculture Permit 

To obtain the appropriate water permit application, visit the TCEQ website.

WHAT ARE MY RIGHTS? DO I NEED A PERMIT?

Let’s examine the different bodies of water that you might have, or that you might find on property you’re considering purchasing, and which require a permit or not.

SURFACE WATER RIGHTS AND PERMITS

?In the state of Texas, surface water is defined as rivers, lakes, creeks, and streams. Even if one of these is located on personal property, it’s still technically owned by the state. However, you, as the landowner, can use it for domestic purposes and livestock without applying for any permits. If it is to be used for any other purposes, such as the generation of power or irrigation, a permit must be obtained.

DIFFUSED SURFACE WATER OR DRAINAGE WATER RIGHTS AND PERMITS

This water results from rainfall or melted snow. Texas law states that the landowner maintains rights to drainage water. However, it becomes the state’s property when it passes into a natural waterway. Landowners have the right to capture and store any drainage water that falls on their property without applying for any permit. If you collect rain water, then make sure you have a really great quality gutter system in your home, you can make sure of that with these seamless gutters.

GROUNDWATER RIGHTS AND PERMITS

Groundwater is found in the crevices of rocks and soil underneath the surface of the earth. In Texas, groundwater falls under absolute ownership. This means the water is the property of the owner of the land above it. Although they do not own the water, the rule of capture applies. This gives landowners the right to pump and capture any available water underneath their land for personal use or sale. There is no limit on the amount that can be captured, and this can be done regardless of what effect it may have on the wells of adjacent property owners.

REVIEW PERMITS BEFORE BUYING

Make certain that you know and understand your riparian water rights, as well as making sure to have an attorney review all your documents and permits before purchasing any property. Having an approved water permit could be the deciding factor between owning and not owning your Texas ranch.

If you’re interested in acquiring the perfect piece of Texas real estate, browse our live water ranch and irrigated farm listings to find your the one that’s right for you. Contact us online or give us a call at 830-569-3500 today!