Water School

Over the past 200 years of Texas history, the state has experienced several different laws governing the use of surface water. These differing laws often created conflict in water rights claims. In 1967, the Texas Legislature directed the predecessor agency of the Texas Commission on Environmental Quality (TCEQ) to clarify this system and classify Texas water rights by Certificates of Adjudication. These certificates were each assigned a priority date based on when the water use first occurred.

A temporary permit is a water permit issued by the State of Texas for a period of up to three years.  These permits are usually used for road construction projects, mining, or agricultural irrigation.

A term permit is a water permit issued by the State of Texas usually to industry, mining or agricultural enterprise for a specific amount of water that will be available for specific amount of time (usually 10 years).  This permit does not have a priority date nor is it considered to be a property right and is subject to non-renewal or cancellation at the end of the term.

The Texas Water Code allows water permitting in a “first in time; first in right” basis. This practice establishes a place in line for water users with the earliest permits being guaranteed priority to take water. This date is important as it determines who has junior and senior water rights.

A perpetual water right (also called a Certificate of Adjudication) is a permit issued by the State of Texas that does not have an expiration date.  It specifies a volume of water that may be used on an annual basis.  This water may be used for consumptive purposes or may be stored and consumptively used on an annual basis.The permit specifies a priority date for use but does not guarantee that water will always be available.  Perpetual rights are considered property interests and may be bought,...

Other specified uses as stated as a water permit exemption in the State of Texas refers to the less-common water uses such as water in fish or shrimp farming, in drilling for oil and for sediment control in surface coal mines.