In Texas, access to flowing water can prove to be an important legal issue for property owners whose land adjoins rivers, streams or other bodies of water.
Water rights in Texas are governed by a combination of state law, historical precedents and local regulations. Property owners who insist on access to flowing water must understand how these rights are defined and under what circumstances they can claim access accordingly.
Riparian rights
One of the primary legal concepts governing water access in Texas is riparian rights. Riparian rights apply to landowners whose property is adjacent to or borders a natural watercourse, such as a river or stream. These rights allow property owners to make reasonable use of the water that flows through or by their land, provided that their use does not infringe upon the rights of other riparian landowners.
Property owners with riparian rights are generally entitled to use water for domestic purposes, such as drinking, cooking or watering livestock, without needing a state permit. However, these rights are subject to the “reasonable use” doctrine — meaning that a landowner’s use of water must not unreasonably interfere with other owners’ ability to access and use the water in question.
Surface water vs. groundwater
In Texas, surface water, which includes rivers, lakes and streams, is generally considered the property of the state. This means that even if a property owner has riparian rights, they may need to secure a permit from the Texas Commission on Environmental Quality (TCEQ) for certain uses of surface water, especially for large-scale agricultural, industrial or commercial activities.
By contrast, groundwater is subject to the rule of capture, meaning that property owners generally have the right to pump and use groundwater found beneath their land without needing permission from neighboring landowners. However, local groundwater conservation districts may impose restrictions on groundwater use to prevent depletion.
Ultimately, while various water rights grant certain privileges to property owners, there are limitations. As a result, when disputes arise between property owners over access to flowing water, legal intervention may be the most effective way forward.