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| Texas water law | |
|---|---|
| Name | Texas water law |
| Jurisdiction | Texas |
| Established | 19th century |
| Key legislation | Texas Water Code, Edwards Aquifer Authority Act, Republic of Texas Constitution |
| Courts | Supreme Court of Texas, United States Supreme Court, Texas Court of Appeals |
| Agencies | Texas Commission on Environmental Quality, Texas Water Development Board, Edwards Aquifer Authority, Brazos River Authority |
Texas water law governs allocation, use, and protection of surface water and groundwater within Texas. It rests on a hybrid of riparian concepts, prior appropriation influences, and the rule of capture, shaped by constitutional provisions, state statutes, and judicial decisions. The field involves multiple agencies, interstate compacts, and federal interactions that affect water for agriculture, urban supply, industry, and environmental purposes.
Texas law divides rights among surface water and groundwater, blending doctrines from Riparian water rights traditions, the common-law Rule of capture, and statutory permitting systems in the Texas Water Code. The Republic of Texas Constitution and later state constitutions provide the sovereign framework, while decisions from the Supreme Court of Texas and precedent from the United States Supreme Court have refined property and takings issues. State agencies such as the Texas Commission on Environmental Quality and the Texas Water Development Board implement statutes like the Edwards Aquifer Authority Act and manage planning under regional water planning groups established after the 1997 Texas Water Plan.
Surface water rights in Texas follow a prior appropriation-like permitting regime administered by the Texas Commission on Environmental Quality under the Texas Water Code, creating vested water rights such as certificated rights and temporary permits. Groundwater rights are influenced by the Rule of capture and managed locally by groundwater conservation districts like the Edwards Aquifer Authority and the Trinity Glen Rose Groundwater Conservation District, with statutes allowing district rules, spacing, and permitting. Conflicts between surface water rights and groundwater pumping have produced litigation in forums including the Supreme Court of Texas and the Texas Court of Appeals, and involve infrastructure owners such as the Lower Colorado River Authority and river authorities like the Brazos River Authority.
Permitting for surface water requires applications to the Texas Commission on Environmental Quality and often follows contested case hearings before the State Office of Administrative Hearings; allocations account for seniority, beneficial use, and historic use as interpreted in cases like Edwards Aquifer Authority v. Day. Groundwater permitting by local districts typically involves district rulemaking, permits-to-drill, and production limits following enabling statutes in the Texas Water Code and directives from the Texas Legislature. Municipalities such as City of Austin, utilities including San Antonio Water System, and industries seek permits and contracts with river authorities like the Lower Colorado River Authority and storage projects such as reservoirs created by the Brazos River Authority.
Principal statutes include the Texas Water Code, the Edwards Aquifer Authority Act, and enabling acts creating groundwater conservation districts. Landmark cases shaping doctrine include Sipriano v. Great Spring Waters of America, Inc. on groundwater takings, Edwards Aquifer Authority v. Day on compensation and permits, and influential decisions from the Supreme Court of Texas addressing riparian disputes and appropriation conflicts. Federal decisions by the United States Supreme Court on interstate water disputes and takings have also influenced Texas law, while administrative rulings from the Texas Commission on Environmental Quality and contested-case precedents from the State Office of Administrative Hearings provide regulatory detail.
Texas participates in interstate compacts such as the Red River Compact and the Rio Grande Compact, negotiated with neighboring states and approved by the United States Congress, affecting deliveries, reservoir operations, and allocation during droughts. Federal involvement includes the Army Corps of Engineers for reservoir projects, the Bureau of Reclamation for water infrastructure, and federal environmental statutes like provisions enforced by the United States Environmental Protection Agency that intersect with state permitting. Litigation over compact breaches has reached the United States Supreme Court and involved entities like the International Boundary and Water Commission in matters on the Rio Grande.
Primary enforcement and regulatory roles rest with the Texas Commission on Environmental Quality, the Texas Water Development Board for planning and grants, and local groundwater conservation districts such as the Edwards Aquifer Authority. River authorities including the Lower Colorado River Authority and the Brazos River Authority manage reservoirs, contracts, and water deliveries; enforcement actions may proceed through administrative hearings at the State Office of Administrative Hearings and appeals to the Supreme Court of Texas. Federal agencies including the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration influence endangered species and environmental flow obligations.
Contemporary debates center on groundwater-surface water interaction disputes adjudicated in cases like Edwards Aquifer Authority v. Day, water supply resilience in the face of droughts affecting regions such as the Brazos River basin and the Rio Grande Valley, and infrastructure financing involving entities like the Texas Water Development Board and private utilities including Cadiz, Inc.-style proposals. Climate variability, urbanization in metropolitan areas like Houston and Dallas–Fort Worth metroplex, and competing demands from agriculture in the High Plains raise questions about priority systems, conservation measures promoted by organizations such as the Texas Water Conservation Association, and constitutional takings litigation before the Supreme Court of Texas and the United States Supreme Court. Emerging topics include managed aquifer recharge projects, desalination facilities operated by municipal utilities like the City of Corpus Christi and interbasin transfer controversies implicating river authorities and interstate compacts.
Category:Water law of the United States