Water School

In Texas, surface-water rights are governed by duel doctrine that take widely differing approaches: riparian and appropriation. Riparian doctrine was introduced to Texas more than 200 years ago during the Spanish colonial period and has since incorporated elements of English common law.Under this doctrine, property owners have a right to draw water from a stream or water body that crosses or borders their land. They are allowed to take water for a reasonable use and are protected against unreaso...

A watershed protection plan is a coordinated effort among stakeholders of a watershed to determine and implement a plan to ease an environmental issue. The stakeholders often include residents of the impacted community, representatives of governmental and other agencies and local businesses, among others.The stakeholders work with the Texas Commission on Environmental Quality to develop a plan and formulate programs to manage the issue.

This doctrine has its roots in the 1800s, when Texas officials determined riparian doctrine did not address the needs of more arid parts of the state. Since the late 19th century, land acquired from the state has used prior-appropriation doctrine instead of riparian when considering water rights.Under this approach, water rights are based on seniority.  In other words, one’s water rights are based on the date one applied for the right, with older claimants having seniority. However, those pre-e...

Water rights in Texas are complicated.  They date back to Spanish colonial law, but also include influences from English common law, a history of state legislation as well as judicial decisions. Water rights in Texas are further complicated because ground and surface water rights are approached differently. Generally, water rights law determine who can use water, how much may be used and for what purpose.