Texas Landowner Water Rights

Eminent domain is the right of a government to seize private land for public use, while providing compensation … waived …

A right-wing group led by Stephen Bannon and prominent allies … along the water’s edge despite lacking permits to build on …

A nonprofit dedicated to carrying out President Donald Trump’s vision of a border wall has arrived in South Texas. The group, …

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TAWC Water College 2018: Overview of Texas Water Law - Tiffany Dowell LashmetHIDALGO, Texas — As President Donald Trump travels to the border in Texas to make the case for his $5.7 billion wall, landowner Eloisa Cavazos says she The family hasn't yet received an offer for their land, but their lawyers at the Texas civil rights project expect a letter with an offer will arrive in the…

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In Texas, water rights depend on whether the water is groundwater or surface water. Generally, Texas groundwater belongs to the landowner. Groundwater is governed by the rule of capture, which grants landowners the right to capture the water beneath their property. The landowners do not own the water but have a right only to pump and capture whatever water is available, regardless of the effects of that pumping on neighboring wells.

A water right provides a landowner the legal right "to impound, divert, or use state water." Landowners may obtain a water right by applying for a permit from the Texas Commission on Environmental Quality (TCEQ). After obtaining a permit, the landowner can use surface water for…

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Landowners in Texas own the water beneath their property. See Texas Water Code Section 36.002. The Rule of Capture essentially provides that because a landowner also owns the water beneath his property, the landowner has the right to pump as much water as he wishes even at the…

Though surface water belongs to the state, a landowner can pump whatever water he finds below the land. In Texas, rule of capture is considered so sacred and such a cornerstone of property rights, that the Legislature has never mustered the political courage to overturn the law.

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