Solicitation Packet - Texas Water Development Board 2025

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11.086. OVERFLOW CAUSED BY DIVERSION OF WATER. (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
Description: Section 49.452, Texas Water Code, requires the seller of a property located in a district (as that term is defined in section 49.452(a)) to provide the buyer with the written notice required by this section and section 49.4521. This form satisfies these requirements.
Riparian doctrine was introduced to Texas more than 200 years ago during the Spanish colonial period and has since incorporated elements of English common law. Under this doctrine, property owners have a right to draw water from a stream or water body that crosses or borders their land.
Texas Water Law We recognize three distinct containers for water natural surface water, diffused surface water and groundwater and have developed laws for each category of water. In contrast, most western states allocate, manage and protect both surface and groundwater based on the law of prior appropriation.
Diffused surface water is commonly referred to as stormwater, drainage water, or surface runoff. Texas law states that diffused surface water is the property of the landowner until it enters a natural watercourse. Once this water enters a natural watercourse it becomes property of the state.
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A person who temporarily stores more than 200 acre-feet of water in a dam or reservoir described by this subsection is not required to obtain a permit for the dam or reservoir if the person can demonstrate that the person has not stored in the dam or reservoir more than 200 acre-feet of water on average in any 12-month
Water Code 11.096. Obstruction of Navigable Streams. No person may obstruct the navigation of any stream which can be navigated by steamboats, keelboats, or flatboats by cutting and felling trees or by building on or across the stream any , milldam, bridge, or other obstruction. Penal Code 42.03.
Texas follows the Rule of Capture in determining ownership of groundwater. Under this rule, groundwater is considered the private property of the landowner.

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