Best Water Law Lawyers in Texas

About Water Law in Texas, United States

Water Law in Texas governs the ownership, use, and management of water resources throughout the state. Due to the state's size, diverse climate, and rapid population growth, water allocation and rights can be a complex issue. The Texas legal framework draws a distinction between surface water and groundwater, each regulated differently under state law. Surface water, including rivers, lakes, and streams, is publicly owned and regulated by the state, while groundwater generally belongs to the landowner following the "rule of capture." Water Law touches many aspects of daily life, from individual property rights to agricultural operations and urban water management.

Why You May Need a Lawyer

Several situations could require you to seek legal advice in the field of Water Law in Texas. Common examples include:

• Disputes over water rights with neighbors or other property owners
• Challenges regarding surface water use, such as obtaining or defending permits for irrigation, livestock, or industrial needs
• Groundwater drilling and well placement conflicts
• Concerns about water pollution, drainage, or contamination of wells
• Negotiating contracts involving water supply or transfers
• Compliance with local, state, or federal water regulations
• Representation before regulatory bodies or courts in water-related matters
• Dealing with eminent domain or government actions affecting water access

An attorney experienced in Water Law can help ensure your rights are protected and guide you through the complexities of Texas Water Law.

Local Laws Overview

The key aspects of Water Law in Texas revolve around two main areas: surface water and groundwater.

• Surface Water: Texas treats most surface water as belonging to the state. Individuals and entities must obtain permits from the Texas Commission on Environmental Quality (TCEQ) to use, withdraw, or divert state surface water for most purposes. The doctrine of "prior appropriation" applies, meaning the first person to obtain legal rights to use the water has priority during shortages.
• Groundwater: Governed by the "rule of capture," landowners can pump as much groundwater as they can capture from beneath their land, with some limited exceptions. However, local groundwater conservation districts have authority to regulate the spacing and production of wells within their jurisdiction, often to manage resource sustainability and prevent overuse.
• Water Quality: The TCEQ also regulates water quality, addressing pollution, contamination, and industrial or agricultural discharges.
• Flood Control and Drainage: Various municipal, county, and regional entities manage flood risk, drainage systems, and related infrastructure. Property owners sometimes find themselves navigating regulations or disputes regarding water flow between properties or floodplain management.

Understanding which rules apply to your situation can be complex, especially since local, state, and federal laws may all come into play depending on the issue.

Frequently Asked Questions

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

Surface water rights are property of the state and require a permit for most uses, whereas groundwater is usually owned by the landowner under the rule of capture, subject to local regulations.

Do I need a permit to build a well on my property?

Not always, but you might. While most rural landowners can drill wells for domestic use without a permit, if the well is for commercial, agricultural, or high-volume use, or your land is in a regulated groundwater district, you will likely need to obtain a permit.

How do I resolve a dispute with my neighbor over water use?

Disputes over water use often involve complex legal and factual issues. Seeking assistance from a Water Law attorney is the best way to protect your interests, as they can help interpret relevant laws, negotiate a solution, or represent you before a court if necessary.

Can my water rights be taken away or reduced?

Surface water rights may be reduced during times of shortage based on seniority of permits. Groundwater rights may be limited by conservation districts if pumping threatens sustainability or neighboring wells. In certain cases, the government may take water rights through eminent domain, but compensation is usually required.

Who regulates water pollution in Texas?

The Texas Commission on Environmental Quality (TCEQ) is the primary agency tasked with regulating water pollution, setting water quality standards, and enforcing clean water laws across the state.

Can I sell or transfer my water rights?

Surface water rights can often be leased, sold, or transferred, but usually require state approval. Groundwater rights tied to land ownership can sometimes be leased through contracts, but local restrictions may apply.

What should I do if I suspect my water is contaminated?

Immediately contact your local water utility, county health department, or the TCEQ for guidance. You may need to have your water tested and seek legal advice about your rights and potential remedies.

Are there restrictions on altering natural drainage or flooding patterns?

Yes, laws prohibit activities that cause unreasonable harm to neighboring landowners or violate local drainage or floodplain regulations. Property improvements that redirect water must generally comply with municipal or county codes.

Does Texas have drought management plans or water use restrictions?

Yes, the state and many local governments implement drought contingency plans and may issue water use restrictions during shortages to ensure fair distribution and resource protection.

Where can I report illegal or unauthorized water use?

Reports can be made to the TCEQ, local groundwater conservation districts, or local law enforcement agencies, depending on the nature of the violation.

Additional Resources

For further information or assistance, consider these valuable resources:

• Texas Commission on Environmental Quality (TCEQ) - the primary state regulator of water quantity and quality issues
• Local Groundwater Conservation Districts - for well regulation and groundwater management
• Texas Water Development Board - state planning agency for water resources and conservation
• Texas State Soil and Water Conservation Board - for agricultural water conservation programs
• Local County Extension Offices - for information on rural and agricultural water management
• Texas Bar Association - to find attorneys experienced in Water Law

Next Steps

If you believe you need legal assistance regarding a Water Law issue in Texas, take the following steps:

• Gather relevant documents and information, such as wells records, permits, maps, or notice letters
• Write down a summary of your issue, including attempts to resolve it so far
• Contact a qualified attorney with experience in Texas Water Law for a consultation
• If applicable, reach out to local regulatory agencies to clarify rules or report urgent violations
• Do not take any action that could worsen the situation or put your water rights at risk without legal advice

A knowledgeable Water Law attorney can provide guidance, help protect your rights and interests, and represent you in negotiations or legal proceedings as needed.