Best Water Law Lawyers in Houston

About Water Law in Houston, United States

Water law in Houston, Texas, encompasses the legal framework and regulations that govern the ownership, use, management, and protection of water resources. This includes surface water, groundwater, stormwater, and drinking water. Houston’s geographic location, rapid urban development, and susceptibility to flooding make water law particularly complex and critical in the region. Water law here is influenced not just by local ordinances, but also by state statutes, such as the Texas Water Code, and federal laws, including the Clean Water Act. Understanding water law is important for residents, landowners, developers, and businesses in the Houston area.

Why You May Need a Lawyer

There are many situations where legal expertise in water law can be crucial. Some common reasons include:

• Property boundary disputes involving water access
• Water rights and allocation conflicts between landowners
• Flooding or drainage issues affecting your property
• Compliance with environmental regulations related to water quality
• Disputes with neighbors, governmental agencies, or developers over stormwater runoff
• Challenges to permits for water wells, reservoirs, or other water infrastructure
• Issues regarding municipal or utility water supply and billing
• Legal challenges concerning contamination or pollution of water sources
• Understanding easements or access rights to rivers, creeks, or lakes
• Business needs including commercial development or agricultural water usage

A lawyer specializing in water law can help protect your rights, navigate complex regulations, and resolve disputes efficiently.

Local Laws Overview

Texas follows the doctrine of “prior appropriation” for surface water, meaning that the right to use surface water is controlled through state-issued permits regardless of land ownership. Groundwater, on the other hand, is governed by the “rule of capture,” allowing landowners to pump groundwater beneath their property, with some limitations to prevent waste or harm to neighbors. In Houston, local ordinances also play a major role in regulating floodplain management, drainage, stormwater discharge, and water conservation.

The City of Houston has adopted various policies to manage flood risks, especially in response to past flooding events such as Hurricane Harvey. The Harris County Flood Control District and other governmental bodies may also impose requirements affecting water law issues. Federal laws, such as the Clean Water Act, regulate discharges into waterways and set standards for water quality, impacting developers, businesses, and municipalities. Navigating these overlapping legal frameworks can be challenging without professional help.

Frequently Asked Questions

What is the difference between surface water and groundwater rights in Houston?

Surface water in Texas is owned by the state, and its use requires a permit from the Texas Commission on Environmental Quality. Groundwater is generally governed by the rule of capture, giving landowners broad rights to pump water under their land, subject to some limits.

Can my neighbor divert water onto my property?

Neighbors are not allowed to make unreasonable alterations to natural water flow that cause damage to adjacent properties. However, Texas law is complex in this area, and specific facts will determine liability in each case.

Do I need a permit to drill a water well in Houston?

Yes, most new wells in the Houston area require permits from local groundwater conservation districts and may also need to follow city or county regulations. Permit requirements vary depending on location and use.

What should I do if my property is flooding due to poor drainage from another site?

You should gather documentation, photos, and contact local authorities or a lawyer experienced in water law. Depending on the cause, legal action or negotiation may be appropriate.

Who regulates water quality in Houston?

Water quality is regulated by the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency, and local agencies. Different water uses and sources may fall under different regulations.

Are there restrictions on rainwater harvesting in Houston?

Texas law encourages rainwater harvesting. However, local regulations may govern how it is collected and stored, especially for drinking water and large-scale systems.

How are water rights transferred in Texas?

Surface water rights are typically transferred with approval from the Texas Commission on Environmental Quality. Groundwater rights may be sold or leased with the land, but local restrictions may apply.

Can I restrict public access to a creek or pond on my property?

Generally, waterways that are “navigable” are considered public property, while non-navigable water bodies on private land may be restricted. Legal distinctions are important, and you should consult a lawyer for your specific situation.

What happens if someone contaminates a water source I use?

You may have legal remedies under state and federal environmental laws or through civil litigation. Prompt action is important to document damages and protect your health and property.

Are there special rules for businesses and developers regarding stormwater in Houston?

Yes, businesses and developers must comply with city codes, the Harris County Flood Control District, and state and federal rules regarding stormwater management, retention ponds, and construction runoff.

Additional Resources

If you need more information or assistance, consider the following resources:

• Texas Commission on Environmental Quality (TCEQ)
• Harris County Flood Control District
• Houston Public Works Department
• Harris-Galveston Subsidence District
• Texas Water Development Board
• U.S. Environmental Protection Agency (Region 6)
• Local legal aid organizations
• State Bar of Texas Lawyer Referral Service

Next Steps

If you believe you need legal assistance with a water law issue in Houston, start by gathering relevant facts and documents such as property deeds, permits, correspondence, and any records of water use or disputes. Consider contacting a lawyer who specializes in water law or environmental law with experience in the Houston area. An initial consultation can help you understand your rights and options. You may also reach out to governmental agencies listed in the resources section for more guidance on regulatory or permitting questions. Taking prompt action is important to protect your property and interests and to ensure compliance with all applicable laws and regulations.