Texas Water Rights 101: Surface Water, Groundwater & Drainage
(Updated to reflect Texas law through 2022; general information only, not legal advice.)

Water is one of Texas’s most important—and most fought over—resources. From ranches and farms to growing cities and industrial users, water rights shape how the Lone Star State develops and thrives. Because of Texas’s unique history and climate, our water laws are a blend of old English common-law rules, Western “first in time, first in right” concepts, and later statutes that try to fit everything into the modern hydrologic cycle. (Texas State Historical Association)

In simple terms, Texas law divides water into several legal categories, each with its own rules about ownership and use:

• State-owned surface water (rivers, streams, lakes, and the water flowing in them)
• Diffused surface water (stormwater or runoff that hasn’t yet reached a defined channel)
• Groundwater (water in underground aquifers) (Texas A&M AgriLife)

The two categories most people hear about are surface water and groundwater, but diffused surface water and drainage are increasingly important as Texas grows and faces recurring droughts and floods.

Surface Water

Under Texas law, most surface water—including the water flowing in rivers and streams, and stormwater or floodwater in defined channels—is considered “state water.” It is owned by the State of Texas in trust for the public. To use it, you generally must have authorization from the state, with a few limited exemptions. (Texas A&M AgriLife)

What Is the Riparian Doctrine?

The Riparian Doctrine is an older rule that came from English common law. Under pure riparian law, landowners whose property borders a natural watercourse (like a river or stream) have the right to make reasonable use of that water, so long as they do not unreasonably interfere with other riparian owners’ use. Those water rights are tied to the land itself—sell the land, and the riparian right goes with it. (Wikipedia)

Historically, Texas recognized riparian rights on lands that came from Spanish, Mexican, and early Republic grants. Today, however, those original riparian rights have largely been folded into the state’s permitting system, with one important modern carve-out:

• Riparian landowners still have a qualified right to use a reasonable amount of water for domestic and livestock purposes without a state permit. (University Blog Service)

Beyond those limited uses, simply owning land along a creek or river does not automatically give you the right to divert or store significant amounts of that water for other purposes.

What Is the Prior Appropriation Doctrine?

Because Texas is relatively dry and prone to drought—especially in the western half of the state—common-law riparian rules were not enough. In arid regions, water is scarce, and users need a more rigid system to decide who gets water first in times of shortage. (National Agricultural Law Center)

Texas, therefore, adopted a prior appropriation system for surface water. Under this doctrine:

• Water rights are not tied to land ownership, but to a permit or certificate issued by the state.
• The system follows “first in time, first in right”—the earliest valid water right is the first to be satisfied during shortages.
• A person or entity must divert water for a beneficial use (such as irrigation, municipal supply, or industrial use) under a state-issued right. (Texas Public Policy Foundation –)

The Water Rights Adjudication Act of 1967 required people claiming existing surface water rights (other than limited domestic and livestock uses) to file their claims with the state by 1969. Those claims were adjudicated and either denied or confirmed in the form of permits or certificates of adjudication. (Texas Water Development Board)

Today, anyone who wants to divert, store, or use state surface water must generally:

1. Apply to the Texas Commission on Environmental Quality (TCEQ) for a water right,
2. Show a beneficial use, and
3. Comply with any conditions in the permit. (TCEQ)

Certain small-scale uses (like limited domestic and livestock uses directly from the stream on riparian land) are exempt from permitting.

How Texas Combines the Two Doctrines

Texas is considered a hybrid system:

• Riparian rights survive in a limited form for domestic and livestock use by landowners whose property borders a watercourse.
• Prior appropriation and the permit system govern most other uses of state surface water. (University Blog Service)

In practice, that means:

• Owning land along a river usually gives you a narrow, riparian right to use water for household and livestock needs without a permit.
• For irrigation, commercial, industrial, municipal, or large-scale uses, you must have a state-issued water right administered by TCEQ. (TCEQ)

Drainage, Diffused Surface Water & Stormwater

The blog you’re updating refers to “drainage water,” also called diffused surface water—water from rainfall or snowmelt that is still spread out over the land and has not yet entered a defined channel like a stream, river, or drainage ditch. (Texas Groundwater Protection Committee)

Who Owns Diffused Surface Water?

Under current Texas law:

• Diffused surface water (stormwater runoff that hasn’t yet joined a watercourse) is owned by the landowner whose land it is on.
• Once that water reaches a natural watercourse with defined bed and banks, it becomes state-owned surface water subject to permitting rules. (Texas Groundwater Protection Committee)

This is an important clarification. The state does not automatically own all stormwater the moment it hits the ground. However, how landowners handle that water can create legal liability, and large-scale collection or discharges can require permits.

For example:

• Certain stormwater discharges from construction sites or industrial facilities require permits from TCEQ. (TCEQ)
• Ordinary residential rainwater harvesting—collecting rain from your roof into barrels or cisterns for non-potable use—is legal and encouraged, and Texas has several laws that explicitly support it and prevent HOAs from banning it. (Take Care of Texas)

Three Legal Approaches to Drainage

Across the United States (including Texas), courts and statutes recognize three general “rules” for dealing with diffused surface water between neighbors. They’re legal concepts, not three separate Texas statutes, but they help explain how disputes are analyzed: (Texas Master Naturalist)

1. Common Enemy Rule
   • Treats drainage water as a “common enemy” of all landowners.
   • Each owner may take steps to protect their property—such as building ditches, berms, or drains—even if those actions push more water onto neighboring land.
2. Civil Law or Natural Flow Rule
   • Each property owner is entitled to have natural drainage patterns preserved.
   • An upstream owner who increases or concentrates runoff in a way that causes flooding to downstream land can be held liable for damages.
3. Reasonable Use / Reasonable Flow Rule
   • Landowners may alter drainage and even harm neighbors if their actions are reasonable in light of the circumstances.
   • Courts balance the benefit of the improvement against the harm caused to decide if the conduct is legally acceptable.

Texas historically applied elements of both the common enemy and natural flow rules, but modern Texas law makes clear that you can be liable if you divert or impound surface water in a way that damages someone else’s property. Texas Water Code § 11.086 specifically prohibits diverting or impounding the natural flow of surface water in a way that causes overflow damage to a neighbor. (Silberman Law Firm, PLLC | Texas Lawyers)

Groundwater

Groundwater law in Texas is simpler on its face, but controversial in practice.

Texas follows the “rule of capture” for groundwater—often nicknamed the “law of the biggest pump.” Under this rule, a landowner may pump and use groundwater from beneath their land without liability to neighbors, even if pumping lowers the water table or dries up nearby wells. (Texas Living Waters)

However, that right is not absolute, and it can be limited by:

• Common-law exceptions,
• Statutory restrictions, and
• Groundwater Conservation District (GCD) rules.

The Rule of Capture and Its Exceptions

Under Texas’s version of the rule of capture, a landowner generally is not liable for draining groundwater from under neighboring properties. But courts and the Legislature have recognized important exceptions. Texas courts (and later statutes) say a landowner may not: (Texas A&M AgriLife)

1. Trespass
   • You may not drill a well that physically crosses onto your neighbor’s property—either at the surface or by slant-drilling underground.
2. Malicious Pumping
   • You may not pump water solely to injure your neighbor, such as deliberately drying out their well out of spite.
3. Waste of Groundwater
   • You may not wantonly or willfully waste groundwater—for example, by allowing an artesian well to flow uncontrolled off your land or back into the aquifer.
4. Pump from a Contaminated Well
   • You may not pump groundwater from a contaminated well in a way that spreads pollution or violates environmental laws.
5. Cause Subsidence through Negligent Overpumping
   • You may not negligently pump groundwater in a way that causes land subsidence (the sinking of the ground surface) that damages neighboring property.

If groundwater pumping falls into one of these exception categories, the pumper can lose the protection of the rule of capture and may be liable for damages or subject to court orders limiting pumping.

Groundwater Conservation Districts (GCDs)

On top of the rule of capture, Texas has built a layer of local regulation through Groundwater Conservation Districts, which the Legislature calls the “preferred method of groundwater management” in the state. (Post Oak Savannah GCD)

As of the early 2020s:

• There are around 100 GCDs (including those pending confirmation),
• Covering all or part of most major aquifers and a large portion of Texas counties. (Post Oak Savannah GCD)

GCDs can:

• Require well spacing and production limits,
• Issue permits for larger wells,
• Adopt drought management rules, and
• Enforce regulations to prevent waste and overpumping.

So while the rule of capture still exists, in many parts of Texas, your right to pump groundwater is now shaped by local GCD rules as well.

When Courts Get Involved in Groundwater Disputes

Putting it all together, Texas courts are most likely to intervene in groundwater conflicts when:

1. Someone Trespasses to Drill or Pump
   • A well is drilled on another’s land, or a slant well crosses the property line underground.
2. Pumping Is Maliciously Intended to Harm a Neighbor
   • Water is withdrawn solely to dry up a neighbor’s well or otherwise injure them.
3. There Is a Waste of Groundwater (Including Artesian Wells)
   • A landowner allows water to flow or be wasted without beneficial use, such as uncontrolled artesian spills.
4. Groundwater Is Contaminated or Polluted
   • Pumping or activities related to groundwater cause contamination, or the landowner violates environmental laws.
5. Negligent Overpumping Causes Subsidence or Other Serious Land Damage
   • Excessive pumping leads to sinking land or similar injurious effects on neighboring property. (Texas A&M AgriLife)

In any of these situations, the injured party may have claims in court, and water-related agencies (like TCEQ or a local GCD) may also become involved.

The Bottom Line

Texas water law is a patchwork of historic doctrines and modern statutes:

• Surface water is generally state-owned and governed by a permit system rooted in prior appropriation, with limited riparian rights for domestic and livestock uses.
• Diffused surface water (drainage/stormwater) belongs to the landowner until it enters a watercourse, but how you manage it is subject to rules meant to prevent damage to neighbors and, for some activities, state permitting.
• Groundwater is governed by the rule of capture, heavily qualified by court-made exceptions and an expanding network of Groundwater Conservation Districts. (TCEQ)

These are the basic ins and outs of Texas water rights as of 2022. Because water law is complex and very fact-specific—and because rules evolve, anyone facing a real dispute or planning a significant water project should consult a qualified Texas water-law attorney or directly contact TCEQ or their local Groundwater Conservation District for guidance.