WHOSE WATER IS IT ANYWAY? – part 2

(2)  WATER IN A WATERCOURSE.  Texas owns the surface water in a watercourse.  Case law defines it as a channel with a defined bed, visible banks & an intermittent flow of water.  Landowners can use the water for limited purposes,  such as livestock and home use.  “Riparian water rights” means owners  can use water on or near their property.  (2)  IMPOUNDING SURFACE WATER – a state permit needs to be granted.  To build a dam, must follow TWC specifications.  NO commercial use.  (3)  OWNERSHIP OF SPRING WATER – depends on whether water flows off the property, although the landowners does have “riparian water rights”.  If water stays on landowner’s property, then it is his.  (4)  MINERALS AND WATERCOURSES – in Texas, the ownership of the minerals under a watercourse (stream) depends on if streambeds are navigable watercourses.  The public and ingress and egress up & down the steambed.  PART 3 CONTINUED