What Are Water Rights in Texas? A Landowner’s Guide
If you own land in Texas — or you're planning to buy rural property — understanding Texas water rights is critical. Whether you're raising cattle, farming, developing, or conserving, the way water rights are handled in Texas can impact your land’s use, value, and future potential. Texas uses a dual system of water law, dividing surface water and groundwater into two legally separate categories. Here's what every landowner needs to know.
Surface Water in Texas: State-Owned and Permitted
Surface water includes rivers, creeks, streams, lakes, and storm runoff. In Texas, surface water is owned by the state and managed by the Texas Commission on Environmental Quality (TCEQ).
Who Needs a Surface Water Permit?
Landowners must apply for a permit to use surface water unless the use falls under the Domestic and Livestock Exemption (often called “D&L”). This exemption covers:
Household use
Watering livestock
Wildlife or game management
💡 Landowner Tip: Even if a creek runs through your ranch, you cannot dam or divert it without a permit.
Groundwater Rights: The Rule of Capture
Groundwater — water pumped from beneath the surface (like from a well) — is treated differently. Texas follows the Rule of Capture, meaning landowners can pump and use groundwater beneath their land, even if it impacts neighboring wells.
Local Regulation Through GCDs
Although groundwater is privately owned in Texas, Groundwater Conservation Districts (GCDs) can enforce:
Pumping limits
Well spacing rules
Permit requirements
Always check with your local GCD before drilling or upgrading a water well.
🛑 Warning: Pumping large amounts for commercial or agricultural use could trigger legal disputes if it affects neighboring landowners.
Why Water Rights Matter for Texas Landowners
Knowing your water rights is essential when:
Buying or selling acreage
Developing rural property
Irrigating crops or raising livestock
Planning for future water needs
Conserving your land or entering a conservation easement
Water availability can affect everything from land productivity to resale value and long-term investment strategy.
How to Check Your Water Rights
✔️ Review your deed for water easements
✔️ Contact TCEQ for surface water permit history
✔️ Reach out to your local Groundwater Conservation District
✔️ Hire a water rights attorney for complex properties
Final Thoughts: Secure Your Water, Secure Your Land
Water is one of the most valuable natural resources tied to land ownership in Texas. Whether you're a rancher, investor, or conservationist, understanding Texas water rights will help you make informed decisions and protect your land’s long-term legacy.
Need Help Understanding Your Property’s Water Use Potential?
📞 Call Monica Broom, Texas Land Specialist
📍 Serving landowners across rural Texas