In Texas, over 6.6 million acre-feet of surface water is used per year, primarily to supply water for industries, cities, and irrigation. Many ranch owners in Texas have an extensive amount of surface water on their properties. While it’s technically owned by the state, landowners have the right to use it for domestic purposes and livestock. However, it’s important for ranch owners to have a clear understanding of surface water laws and regulations before they begin to use it on their land.

COMMISSIONS, PLANS, AND BOARDS YOU SHOULD KNOW

The first step in learning about your rights to surface water as rancher is to familiarize yourself with the government entities in Texas that oversee these issues. Below are three you need to work with to obtain appropriate water rights for your ranchland.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Before you can begin using the surface water, you must file for a permit and attain a water right from the Texas Commission on Environmental Quality (TCEQ). A water right is considered to be, “a right acquired under the laws of Texas to impound, divert, or use state water.”?

In the event that two or more people apply to use the same body of surface water, Texas operates under the rule of, “first in time, first in right.” This means that whoever is the senior water holder has the right to use the water first in the event of a shortage. Before the junior user is allowed to access any water, he or she must wait until the senior owner has all he needs.

These rules can be overruled by the TCEQ in the event of an emergency situation, such as when there is a potential risk to public health.

Additionally, the TCEQ provides Texas residents with atlases of Texas surface waters and regulates surface water quality throughout the state.

WATERSHED PROTECTION PLAN

Watersheds are an area of land that drain rain water into a certain location, such as a pond or lake. Texas currently has several Watershed Protection Plans in place to manage water quality as well as protect any threatened water from possibly becoming polluted. Additionally, the plans facilitate the restoration of impaired bodies of water.

TEXAS STATE SOIL AND WATER CONSERVATION BOARD

The Texas State Soil and Water Conservation Board (TSSWCB) is responsible for issuing water quality management plans (WQMP). A WQMP is implemented to achieve a predetermined level of pollution prevention that is consistent with state water quality standards. On the other hand, Intellishare Environmental delivers thermal and Catalytic Oxidizer solutions to control VOCs, HAPs and odorous emissions for industry and environment, protecting the environment.

APPROPRIATE USE OF YOUR WATER

As discussed above, you must have applied for water rights before you can use surface water. If you’re building a small pond on your land, no permit is needed, as long as there are no more than 200 acre-feet acres of water, and it is used for domestic and livestock purposes.?

In other cases, such as drilling a private well for surface water, a permit must be completed and filed with the local Groundwater Conservation District.

HOW TO ADD MORE WATER TO YOUR LAND

When considering whether or not there is sufficient room to add some form of pond or lake on your land, a specific amount of watershed must be available. In most cases, the ranch must have at least 75 acres for every one acre of surface water. However, the watershed doesn’t necessarily have to be on one person’s property; it can include a neighbor’s land. It is imperative that you make certain your pond is the correct size needed to handle the surface runoff and allow the pond to maintain an appropriate water level.

Ponds are ideally placed on soil that contains a high-quality clay material to prevent leakage. However, bodies of water can be built on other types of soil prone to leakage, if one of three preventative measures are in place: PVC liners, bentonite liners, or soil-bentonite cutoff walls.

LET YOUR TEXAS RANCH DRINK DEEPLY

Water, of course, is an absolute necessity to sustain life, and a source of good water is particularly vital for those who own a ranch or farm with livestock. As a result, Texas landowners should know their rights and how to protect them, if they intend to utilize surface water. If you are interested in becoming a Texas ranch owner and are in need of a large plot of land, contact us today!