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The Ins and Outs of Water Rights in Texas

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The Ins and Outs of Water Rights in Texas

Water is an important resource that continues to shape the development of Texas. The Water Rights law is complex because of the Lone Star State’s historical background and succeeding amendments to adjust to the hydrologic cycle and usage. Water Rights dictates who is given by privilege, quantity, and purpose. It also specifies the time and place where the water may be utilized. Texas law has divided water into legal classes with different rules on ownership and usage for each category. The most recognized of the classes are surface water and underground water. Surface water rights are more complex because it follows the British ruling, and other amendments based on the hydrologic cycle

Surface Water

What is the Riparian Doctrine?

Briefly, the Riparian doctrine is used in resolving water rights and usage conflicts. The fundamental rule is that water rights are connected to the ownership of the property that borders natural water sources such as rivers or streams. Water rights are covered by land proprietorship.

Riparian landowners have the right to use the water within reason and in consideration of the needs of other owners of lands with the same water source. Water rights are retained as long as the property ownership is retained.

Texas water rights use this ruling to resolve conflicts between landowners’ use of natural water within their properties when applicable.

What is Prior Appropriation Doctrine?

Landowners, lawmakers, and the courts from the Western States realized the Riparian Doctrine is not enough to cover rulings on water rights. The doctrine is not appropriate to the dry weather of the Western States, where the rainfall average is below 30 inches per year. Prior Appropriation Doctrine is therefore applied where water rights are not connected to land ownership. Instead, it is based on complying with statutory requirements.

Texas, like the other Western States, was unable to control the use of natural sources of water. Water belonged to no one and was used by everyone. The Doctrine of Prior Appropriation then was adopted to legalize the appropriation of the use of water from rivers and streams.

Combining Two Doctrines

Water Rights Adjudication Act of 1967 combined the Riparian and Prior Appropriation Doctrines. Any person who wished to claim a Riparian must file claims for the right by 1969 with the Texas Water Commission. Furthermore, anybody wishing to use surface water or drainage water must ask and receive permission from the state. The permission is granted by Texas Commission on Environmental Quality.

Why is this drainage water so important that there is a need for a permit to collect and use? Drainage water is another name for diffused surface water or stormwater that naturally incurred after rainfall or snowmelt. Diffused surface water finds its flow from high elevation to low lands. By law, the diffused or drainage water is owned and regulated by the state. Thus, landowners must have a permit to collect this water. There are three general directives applied when drainage water is collected or diverted.

Directive 1 – Common Enemy Rule:  Drainage water is considered as a common enemy of all property owners and the law enables all owners to establish measures to protect their properties, without considering the consequence of which to others or neighboring properties. For example, under this rule, Property owner A can take measures like diverting the flow of diffused water to a water duct in his property to protect certain parts from being destroyed or affected by the natural water flow.

Directive 2 – Civil Law Rule or Natural Flow: In this ruling, all property owners are entitled to the perpetuation of the natural flow. If an owner upstream manipulates and increases the flow, causing flooding to lower elevation property, the manipulator is liable to damages.

Directive 3 – Reasonable Flow:  Flow of drainage water can be redirected by a property owner even if the extent of the diversion harms the property of another, provided that the action is considered within reasonable circumstances. The reasonable condition is subject to evaluation.

Groundwater

The law on groundwater in Texas is uncomplicated and easy to understand. Groundwater is considered part of the private property of the landowner. Property owners have the right to pump up or collect the water underneath their land. Simple, right? Not so, as all property owners share the reservoir of water underneath the land.

Adjoining properties pump on the same source; pumping up of one property may cause the quantity of water to dwindle or the well of the neighbor to dry out. The existing law on the collection of groundwater is called the “Law of the Biggest Pump”, which means whoever owns the most powerful pump can collect all the water, regardless of whether the neighbor’s reservoir runs dry. Owners are not liable for any inconvenience or even losses their neighbors might incur if their source of water runs dry.

There are only five circumstances where the Texas court will intervene on Groundwater rights:

  1. If there was trespassing on neighboring land to drill water by directly drilling a well on the property or a slanted well on adjoining property that crosses the property line via subterranean level, then the injured neighbor can sue on grounds of trespassing.
  2. If there was malicious or wanton intention to injure another by intentionally drying out the well of a neighbor via over pumping, then the court will intervene.
  3. If it is proven that a property owner or owners are wasting artesian well water by letting the water overflow their land or seep back to the water table, then the court will intervene.
  4. It is unlawful to contaminate or pollute groundwater.
  5. If overpumping from adjoining lands causes the other properties to sink or would have an injurious effect on the land, then the court will intervene.

These are the basic ins and outs of Texas Water Rights.

What Are Conservation Easements?

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Texas has long been known for its private land ownership. It includes ranches and farms that have been owned by the same family for generations as well as recently bought second homes in idyllic rural locations. Many Texas landowners find themselves in the same situation. How can you ensure your land looks its best forever, no matter what it is? A conservation easement is a tool that landowners use to preserve the natural condition and integrity of their land for future generations.

Texas, with 95 percent (approximately 163,000,000 acres) of Texas being owned by private landowners makes it the most privately-held land in the United States. It is also more than Montana and Kansas combined. Unfortunately, the country is also leading in rural land lost to development each year. According to the Texas Land Trends (NRI) from Texas A&M Natural Resources Institute, more than two million acres of land have been converted to another use between 1997-2017. Additionally, over 1.2 million acres have been lost to development in the past five year. Texas is experiencing rapid population growth. New residents require new homes and apartments to rent. Developers are eager to acquire farms, ranches or pastures close to urban areas. While this slow development and the changing use of land is not immediately apparent, it can have a profound impact on the long-term.

Texas has very little land for conservation, considering its size. The Texas Parks and Wildlife Department, (TPWD), manages just over one million acres in state parks and other wildlife management areas (WMAs), while the rest is divided between the United States National Forest Service and National Park Service. This means that the majority of Texas land and wildlife conservation is managed by private landowners.

There are many opportunities for landowners and land managers to implement conservation measures on their property. There are several organizations, such as TPWD (USDA Natural Resource Conservation Service), NRCS (NRCS), Texas A&M AgriLife Extension, which provide education, guidance, programs, and assistance in conserving and managing natural resources. But what about protecting the land as a whole. Here conservation easements come in to play.

A conservation easement can be described as a deed restriction that is very specific. The downside to a deed limitation is that it can be reversed by a future owner. A conservation easement is an agreement between a property owner, qualified conservation organization (e.g., non-profit trust, municipality or governmental entity), that cannot be rescinded. This type of legal agreement requires that the owner consents to limit development on their property. This is possible because property development rights are similar in nature to other property rights like minerals or grazing that can be leased and sold or gifted separately from land. A conservation easement can be used to create separate development rights, and then have them placed in trust for long-term protection.

While conservation easements are a long-standing tradition in the United States, they were not popularized in Texas until the 1980s. Today, the state has nearly 800 conservation easements that cover more than a million acres. More than 30 land trusts are responsible for the majority of this work in the state. Land trusts, which are charitable organizations, have the mission to conserve land and water. These land trusts have helped to conserve over 1.8million acres of land by collaborating with local and state agencies, through conservation easements and outright land ownership. Some are focused on geographical regions, such as the coast, while others focus on ecosystems like the prairies. Texas Land Conservancy and others work on a larger scale across the state.

How does the landowner view enacting conservation easements? Every conservation easement can be tailored to the specific property and landowner. If the landowner wishes to prohibit certain activities, then traditional land uses like hunting, agriculture, or recreation are allowed. The landowner can decide what restrictions or provisions are to be placed on their property. A landowner might have two children and a house that is already on the property. They may reserve the right to construct two more houses. If the landowner wants to prohibit future construction, they can add a ban on further building. Since the easement is indefinite, it is crucial to take the time to consider all possibilities and to seek out counsel to guide you through the process.

There are some misconceptions about conservation easements. One is that the landowner loses ownership of the land and the public has full access. It is completely false. It is impossible to grant public access. To ensure that the conservation easement terms are being maintained, however, the owner of the conservation easement must visit the site at least once per year. This is a coordinated visit that includes the permission of the landowner. The conservation easement will not protect you from being condemned. They may be beneficial, but not always able to stop condemnation.

So why would a landowner limit what they can do with their land? First, a desire to preserve the land as it is for future generations. They love their land. I work with landowners whose history dates back 100 years or new landowners. They want future generations to enjoy that love, which extends beyond their lifetime. A conservation easement can be used as an insurance policy for doing just that.

The second benefit is the financial. In the past two decades, land values have increased by nearly 300 percent. The value of land in the preceding year was even higher. The conservation easement that landowners place on their property gives up certain development rights. These rights are valuable. Because land trusts are 501 (c)3 non profit organizations, the conservation easement is a charitable donation and can be used as an income tax deduction. To determine the contribution’s worth, an appraiser must be hired. An appraisal is required to determine the contribution’s value. A conservation easement also lowers the property’s worth, which can be beneficial for estate planning purposes, as it helps to reduce overall estate values.

The Texas Land Trust Council is a state-wide trade association for all land trusts that offers great resources to anyone who is interested in the concept of a conservation easement. In order to determine interest and find if the project is right for them, most landowners will meet with several land trusts. It takes on average three to six month to prepare and complete a conservation easement transaction.

I am encouraged by the growing trend of landowners using conservation agreements, which results in a steady increase in protected land for future generations. Aldo L. Leopold’s Sand County Almanac said that “Health” is the land’s capacity for self-renewal. This is what conservation is all about. We can preserve Texas’ unique Texas character by conserving private lands.

 

Original Article at: https://www.land.com/owning/conservation-easements-what-are-they-and-could-they-be-right-for-you/?unapproved=28707&moderation-hash=b5295d8268d3ba5759ed00c452591135#comment-28707

Owning A Horse Ranch

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It is not easy to own and operate a horse ranch. How much does a horse ranch run? Owning a ranch comes with upfront costs such as taxes and development fees. However, you will need to purchase horses and register the horse ranch as an accredited company. The majority of the costs involved in owning a horse farm will be related to the purchase of horses.

Horses can be expensive, and those who have one know how costly they can become. Horse ownership comes with the most expensive costs:

  • Costs of purchasing
  • Vet expenses
  • Farrier costs
  • Feed/board costs
  • Costs of equipment/tackling
  • Training costs

When you decide to purchase a horse, the first thing you need to consider is the cost of purchasing the horse. The cost of a horse will depend on its breed, age, and bloodline. A show-level Hanovarian, for example, can go up to $50,000. The average cost of a standard riding horse is between $3,000 to $5,000. You might be able buy a horse if you can foster one from a rehabilitation facility.

The next expense you’ll have to pay once you own a horse is the cost for vet and farrier visits. The horse vet administers vaccines and shots to your horse. They also care for your horse in case of injury or sickness. The farrier is responsible for trimming your horse’s hooves and equipping them with horseshoes.

A typical horse vet will charge between $50 and $75 to visit the farm and $200 to $350 to administer any vaccinations. Your horse’s hooves grow faster in summer than they do in winter. For a standard farrier visit, expect to pay between $30 and $70 for a trim or $50 to $200 for shoes.

Hay and grass will make up the majority of any horse’s diet. Hay is paid for, while grass is usually free. Hay will typically cost between $5 and $15 per square yard. To meet the standard nutritional requirements of horses, hay and grass must be supplemented with grain. A horse owner can expect to pay $15-$50 for a bag of grain, depending on the quality and size.

You most likely want to buy a horse so you can learn about the sport and ride it. You will need to purchase tack, equipment and training if you decide to ride your horse. Equipment and tack costs can vary depending on the horse’s age and quality. Training will also cost more than all the equipment. A lesson in riding can range from $50 to $250 on average.

A horse is a costly investment. If you have more than one horse, this expense can be even greater. An average cost to own a horse each year is between $2,000 and $50,000. If you plan to board your horse at a different horse ranch, the overall cost will need to be adjusted.

If you have a horse ranch, you won’t need to include boarding costs in your answer to “How much does it cost to purchase a ranch?”

If your looking to buy a horse ranch contact our office to speak with one of our knowledgeable agents. We are here for you!

 

The Ins and Outs of Water Rights in Texas

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Water Rights in Texas
Water Rights in Texas

Water is an important resource that continues to shape the development of Texas. The Water Rights law is complex because of the Lone Star State’s historical background and succeeding amendments to adjust to the hydrologic cycle and usage. Water Rights dictates who is given by privilege, quantity, and purpose. It also specifies the time and place where the water may be utilized. Texas law has divided water into legal classes with different rules on ownership and usage for each category. The most recognized of the classes are surface water and underground water. Surface water rights are more complex because it follows the British ruling, and other amendments based on the hydrologic cycle

 

Surface Water

What is the Riparian Doctrine?

Briefly, the Riparian doctrine is used in resolving water rights and usage conflicts. The fundamental rule is that water rights are connected to the ownership of the property that borders natural water sources such as rivers or streams. Water rights are covered by land proprietorship.

Riparian landowners have the right to use the water within reason and in consideration of the needs of other owners of lands with the same water source. Water rights are retained as long as the property ownership is retained.

Texas water rights use this ruling to resolve conflicts between landowners’ use of natural water within their properties when applicable.

What is Prior Appropriation Doctrine?

Landowners, lawmakers, and the courts from the Western States realized the Riparian Doctrine is not enough to cover rulings on water rights. The doctrine is not appropriate to the dry weather of the Western States, where the rainfall average is below 30 inches per year. Prior Appropriation Doctrine is therefore applied where water rights are not connected to land ownership. Instead, it is based on complying with statutory requirements.

Texas, like the other Western States, was unable to control the use of natural sources of water. Water belonged to no one and was used by everyone. The Doctrine of Prior Appropriation then was adopted to legalize the appropriation of the use of water from rivers and streams.

Combining Two Doctrines

Water Rights Adjudication Act of 1967 combined the Riparian and Prior Appropriation Doctrines. Any person who wished to claim a Riparian must file claims for the right by 1969 with the Texas Water Commission. Furthermore, anybody wishing to use surface water or drainage water must ask and receive permission from the state. The permission is granted by Texas Commission on Environmental Quality.

Why is this drainage water so important that there is a need for a permit to collect and use? Drainage water is another name for diffused surface water or stormwater that naturally incurred after rainfall or snowmelt. Diffused surface water finds its flow from high elevation to low lands. By law, the diffused or drainage water is owned and regulated by the state. Thus, landowners must have a permit to collect this water. There are three general directives applied when drainage water is collected or diverted.

Directive 1 – Common Enemy Rule:  Drainage water is considered as a common enemy of all property owners and the law enables all owners to establish measures to protect their properties, without considering the consequence of which to others or neighboring properties. For example, under this rule, Property owner A can take measures like diverting the flow of diffused water to a water duct in his property to protect certain parts from being destroyed or affected by the natural water flow.

Directive 2 – Civil Law Rule or Natural Flow: In this ruling, all property owners are entitled to the perpetuation of the natural flow. If an owner upstream manipulates and increases the flow, causing flooding to lower elevation property, the manipulator is liable to damages.

Directive 3 – Reasonable Flow:  Flow of drainage water can be redirected by a property owner even if the extent of the diversion harms the property of another, provided that the action is considered within reasonable circumstances. The reasonable condition is subject to evaluation.

Groundwater

The law on groundwater in Texas is uncomplicated and easy to understand. Groundwater is considered part of the private property of the landowner. Property owners have the right to pump up or collect the water underneath their land. Simple, right? Not so, as all property owners share the reservoir of water underneath the land.

Adjoining properties pump on the same source; pumping up of one property may cause the quantity of water to dwindle or the well of the neighbor to dry out. The existing law on the collection of groundwater is called the “Law of the Biggest Pump”, which means whoever owns the most powerful pump can collect all the water, regardless of whether the neighbor’s reservoir runs dry. Owners are not liable for any inconvenience or even losses their neighbors might incur if their source of water runs dry.

There are only five circumstances where the Texas court will intervene on Groundwater rights:

  1. If there was trespassing on neighboring land to drill water by directly drilling a well on the property or a slanted well on adjoining property that crosses the property line via subterranean level, then the injured neighbor can sue on grounds of trespassing.
  2. If there was malicious or wanton intention to injure another by intentionally drying out the well of a neighbor via over pumping, then the court will intervene.
  3. If it is proven that a property owner or owners are wasting artesian well water by letting the water overflow their land or seep back to the water table, then the court will intervene.
  4. It is unlawful to contaminate or pollute groundwater.
  5. If over pumping from adjoining lands causes the other properties to sink or would have an injurious effect on the land, then the court will intervene.

These are the basic ins and outs of Texas Water Rights.

If you are contemplating buying land in Texas then call a knowledgeable agent with Preferred Properties of Texas to help you through the process of buying land and making you sure you have access to one of life’s most valuable resources on the planet water. Check out what farm and ranch properties are available.

JUST SOLD! 1030 Cr 475 in Stephenville, Texas

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Would like to congratulate our clients on the closing of their new home and thank you for giving Preferred Properties of Texas the opportunity to work with you. We hope your new home provides you years of enjoyment.

Looking for that special home to buy or ready to sell the home you have taken such pride in over the years?

Preferred Properties of Texas is here for you!

For any real estate questions or information please contact us today!

 

Getting Your Land Surveyed Can Help With Selling Your Property

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You think you understand the perimeters of your premises, but you truly don’t unless you have had somebody to survey it and provide you its precise dimensions. You will realize your property limits if it is fenced off, but that is not an exact calculation. In case you haven’t officially researched the house, then you certainly do not possess its precise dimensions.

It is always in the homeowner’s best interest to acquire the support of a professional surveyor, also called a professional land surveyor, to discover the specific limits of someone’s property. This procedure safeguards your pursuits in a number of ways, if it be a burglar contesting your own limitations, a characteristic coming under scrutiny or even once you would like to sell the house.

A property survey measures how big your premises and decides where the bounds are. It is a record that reveals all land lines, such as property, structures and characteristics like tree structure that you have. Sometimes, land surveying shows essential details like where underground utility lines set.

Surveys can help if you wish to demonstrate your premises visually for prospective buyers. But a questionnaire could also come in handy once you have to clear up problems you have with neighbors to the city.

Though you are not legally required to receive a home survey to sell your property, it is often a fantastic idea since you may show prospective buyers exactly where the property lies. Furthermore, home surveys, if you’ve got a fence line or not, simply add transparency to the house negotiation procedure. Therefore, it’s always in your very best interest to acquire the property surveyed.

When you purchase acreage, it is vital to have a questionnaire because fences may be eliminated by many feet toward your house, creating your house smaller than that which you originally purchased.

Using the land surveyed before you purchase it, you prevent problems like suits due to border disputes, a procedure which will be rather costly and lengthy.

Land surveying in the time of buy can conserve a vendor from getting into unfamiliar problems later on. By way of instance, a questionnaire will discover sinkholes, that are underground water stations which may lead to flood or perhaps collapse a house. Nearly a quarter of those homes sold in states including Florida, Texas, Missouri, Kentucky, Pennsylvania and Alabama are in danger of being damaged or ruined from sinkholes. A sinkhole developing in your premises is a huge problem which may be averted at the onset of a sale.

When you purchase or sell a part of property, the dimensions of this house is listed in the name and the name must concord with all the quantified property dimensions. Occasionally neighbors unintentionally plant a tree or construct over the home line or fencing, therefore a property poll will constantly confirm the real boundaries of their house.

Some nations have land polls as part of their public document, but others do not. You should first visit a Public Records Office to see whether there is a questionnaire on the house. When there is not one on the public document, you will have to do yourself by employing a property survey firm.

It is very important to understand a home completely before you market it. Detecting problems and analyzing your property’s borders will make the selling process a lot simpler. Look at relying on professionals that are capable of providing a precise survey.

Preferred Properties of Texas

(254) 965-7775|Contact Preferred Properties of Texas