Water Rights Texas

A plain guide to who gets Texas water

Texas water rights, plain and simple

Texas treats water in two different ways. Water in creeks and rivers needs a state permit to take, with a few exceptions. Water under your land follows a very old rule, plus whatever your local groundwater district says. Here is how both work, with a link for every fact.

Information as of Oct 29, 2026.

This is general information, not legal advice. Water law turns on the details. For your own land or well, talk to a Texas water lawyer, your groundwater district, or TCEQ.

No. 1

Two kinds of water, two sets of rules

Surface water

Creeks, rivers, lakes.

  • To take (divert) water from a state watercourse, you need a permit, unless the use is exempt. TCEQ
  • Water for your house and your livestock may be exempt. TCEQ
  • Permits come from the Texas Commission on Environmental Quality (TCEQ). TCEQ form
  • In a shortage, older rights come first. TCEQ

Groundwater

Wells, springs fed from below, aquifers.

  • Texas has followed the "rule of capture" since a 1904 court case, East. TWDB
  • In 2012 the Texas Supreme Court said groundwater in place is a real property interest. Baylor Law
  • Local groundwater conservation districts regulate it under Chapter 36 of the Water Code. TCEQ
  • Each district has to keep a management plan. TWDB
No. 2

Follow the water on one Texas place

Tap a number on the drawing, or a button below, to see which rule applies.

Cross-section of a Texas place A simple side view: a house and livestock tank, your well, a creek with a stream gauge, a neighbor's big well, and an aquifer underneath, with a downstream user beyond the creek. Rock below the aquifer Aquifer Creek Your well Stream gauge Neighbor's big well Downstream user water flows downstream → 1 2 3 4 5 6
  1. 1. The creek is a state watercourse Pumping or diverting water out of it takes a permit from TCEQ, unless the use is exempt. An uncontested permit application is typically processed in about 300 days; a contested one takes longer. TCEQ drought page TCEQ form 10214a
  2. 2. Water for the house and the cows Domestic and livestock users may be exempt from needing a surface water permit. Ask TCEQ before you count on it for your situation. TCEQ
  3. 3. Your well Groundwater follows the rule of capture, which Texas courts took up in the 1904 East case. In 2012, in Edwards Aquifer Authority v. Day, the Texas Supreme Court said groundwater in place is a real property interest. TWDB Report 361 Baylor Law
  4. 4. The neighbor's big well The rule of capture is about pumping what is under your own land, and your neighbor has the same rule. That is why the local groundwater district matters: where one exists, it regulates groundwater under Chapter 36 of the Water Code. TWDB Report 361 TCEQ
  5. 5. The aquifer and your groundwater district Groundwater conservation districts must keep management plans. The TWDB lists every district, so you can find yours and read its rules. TWDB district list
  6. 6. Who's first in a shortage Surface water runs on "first in time, first in right." Senior (older) rights get their water before junior (newer) ones, and junior rights may be cut back. In some basins, a state watermaster watches streamflow, stops illegal diversions, and divides water by priority. TCEQ TCEQ watermasters

Who's first in line when the creek runs low

Three permit holders on the same stream, oldest first. Press the button to see a dry spell.

  • Oldest right
  • Middle right
  • Newest right

Normal year: there is enough water in the stream for every permit holder.

A simplified picture of "first in time, first in right," not a model of any real stream. Source: TCEQ, Water Rights and Water Use During Drought.

No. 3

A short timeline

  1. 1904The East case. Texas adopts the rule of capture for groundwater. TWDB
  2. 2012Edwards Aquifer Authority v. Day. Groundwater in place is a real property interest. Baylor Law
  3. Jul 2021TWDB adopts the 2022 State Water Plan. TWDB
  4. Nov 2023Voters pass Proposition 6, which created the Texas Water Fund. TWDB
  5. Nov 4, 2025Voters adopt Proposition 4, dedicating sales tax money to the Texas Water Fund. LRL
  6. Jan 22, 2026TWDB approves the 2026 regional water plans. TWDB
  7. Jul 23, 2026TWDB adopts the 2027 State Water Plan. TWDB
  8. Dec 2026Tentative board vote on the plan's Phase II amendment. TWDB
  9. Sep 1, 2027Proposition 4 money can start flowing. It runs through Aug 31, 2047. TWDB
No. 4

Key facts

  1. Creek water takes a permit. You need a TCEQ permit to divert water from a state watercourse unless the use is exempt. TCEQ
  2. Older rights come first. In a shortage, senior rights are met before junior rights, and junior rights may be curtailed. TCEQ
  3. Four watermaster programs. TCEQ runs the Brazos, Concho River, Rio Grande, and South Texas watermaster programs. TCEQ
  4. Wells are local. Groundwater districts regulate groundwater, and each must have a management plan. TWDB
  5. Proposition 4 passed. Voters adopted it on Nov 4, 2025, 2,077,449 to 872,670. The governor's proclamation in the Texas Register lists it among the adopted amendments. LRL Texas Register
  6. How Proposition 4 works. It dedicates up to $1 billion a year of state sales tax revenue above the first $46.5 billion to the Texas Water Fund, from Sep 1, 2027 to Aug 31, 2047. The money still depends on legislative appropriation and on revenue clearing that line. TWDB FAQ
No. 5

Recent news

  • Deadline Jan 13, 2027TWDB is offering up to $50 million in one-time grants for water supply corporations. Applications are due Jan 13, 2027 at 11:59 p.m. Central. TWDB
  • Sep 24–25, 2026TWDB held a public hearing on Sep 24 on proposed Amendment No. 1 (Phase II) to the 2027 State Water Plan. Comments closed Sep 25. A board vote is tentatively set for December 2026. TWDB
  • Jul 23, 2026TWDB adopted the 2027 State Water Plan on an accelerated timeline. TWDB
  • Jul 23, 2026Staff asked the TWDB board to approve moving up to $240 million from the Texas Water Fund to the New Water Supply for Texas Fund, then on to SWIFT. Staff said that would allow about $2 billion in bond financing this fall. TWDB board memo
  • Jul 23, 2026A petition asked TWDB to add a water-use category for data centers and crypto mining. Staff recommended denial. TWDB board memo
  • Feb 23 – Mar 5, 2026TCEQ held stakeholder meetings for its 2026 watermaster evaluation of Cypress Creek, the Sulphur River Basin, and part of the Rio Grande Basin. TCEQ
  • Jan 22, 2026The TWDB board approved the 2026 regional water plans. TWDB
No. 6

Water fights going on right now

Eight Texas water disputes people are arguing about, in plain words. We list who is on each side and where things stand. We don't take sides.

Status as of Oct 29, 2026. These change fast, so check the sources for the latest.

  • Active East Texas groundwater export

    Where
    Anderson, Cherokee and Henderson counties, over the Carrizo-Wilcox Aquifer (Neches & Trinity Valleys Groundwater Conservation District).
    Who
    Redtown Ranch Holdings and Pine Bliss, companies owned by Dallas investor Kyle Bass, against the groundwater district. Sanderson Farms, Consolidated Water Supply Corp. and local landowners opposed the permits.
    The fight
    The companies applied to drill 43 high-capacity wells. Critics say the water could be pumped to other parts of the state and would draw down local wells. Bass says the first step is testing how much water is there, and that the district is denying the companies' right to the water under their land.
    Status
    An Anderson County court's final judgment on Oct 24, 2025 voided the district's earlier actions and paused big permits until three studies are done. A federal takings suit was filed Jul 7, 2026.
    Latest
    Oct 20, 2026: the 12th Court of Appeals in Tyler heard oral argument (case 12-26-00043-CV). Texas Lawbook

    Sources: Texas Tribune, Jul 2026 Texas Tribune, Jul 2025 Texas Tribune, Oct 2025 Consolidated WSC (a party)

  • Active Data-center permit pause

    Where
    Statewide.
    Who
    Gov. Greg Abbott, who ordered the pause, and TCEQ, which says it is following it, on one side. Watchdog groups Public Citizen and FracTracker Alliance, plus some residents near data-center sites, on the other, saying some permits kept moving.
    The fight
    Whether permits tied to data centers should be frozen until ERCOT, the state grid operator, finishes its review of their power and water use. Also whether TCEQ actually stopped approving them.
    Status
    In October, watchdog groups said more than a dozen permits had moved forward anyway. The governor's office said no permits had been approved. TCEQ said the stormwater notices were automatic and have since been suspended.
    Latest
    By Oct 22, 2026, TCEQ had temporarily shut its online permit system so staff can review applications by hand. TCEQ expects it back in mid-November.

    Sources: Texas Tribune, Oct 2026 Houston Public Media, Oct 2026 TCEQ stormwater Governor's letter, Sep 2026

  • Active Corpus Christi desalination

    Where
    Corpus Christi: the Inner Harbor (city plant) and Harbor Island (on Port land).
    Who
    City plant: council members for and against it, plus residents and bay advocates. Harbor Island plant: the Nueces River Authority, building it on Port of Corpus Christi land, and its backers, against critics of its cost and environmental effects.
    The fight
    Whether to build costly plants that turn seawater into drinking water, who pays, and what the salty brine they put back does to the bay and Gulf waters (the Harbor Island plant has a TCEQ permit to discharge offshore). The city also faces whether it must return about $235 million in state SWIFT loan money.
    Status
    The city council again rejected the Inner Harbor plant contract on Sep 1, 2026. The city asked the state to extend its funding deal, with no public answer as of Sep 24, 2026.
    Latest
    Sep 23, 2026: TCEQ approved the Port of Corpus Christi Authority's offshore discharge permit, completing permits for the Harbor Island plant.

    Sources: Texas Tribune, Sep 1, 2026 Inside Climate News, Sep 2026 Texas Tribune, Sep 24, 2026 KRIS 6 News

  • Active Rio Grande and the 1944 treaty with Mexico

    Where
    The Lower Rio Grande Valley and the border.
    Who
    South Texas farmers and cities, Texas officials and the U.S. government on one side, and Mexico's government on the other.
    The fight
    Under a 1944 treaty, Mexico owes the U.S. Rio Grande water in five-year cycles. Mexico ended the 2020-2025 cycle in Oct 2025 well short of what the treaty requires, and Texas users want that water delivered.
    Status
    Mexico agreed on Dec 12, 2025 to meet its obligations. On Oct 24, 2026, both governments said Mexico delivered the 350,000 acre-foot minimum for the first year of the new cycle. The debt from the last cycle is still owed.
    Latest
    Oct 24, 2026: Mexico met its first-year minimum under the Feb 3, 2026 plan.

    Sources: TCEQ Texas Tribune, Oct 2025 Sec. Rollins on X, Oct 2026 IBWC deliveries

  • Ongoing Edwards Aquifer pumping cuts

    Where
    The San Antonio Pool: Medina and Bexar counties and parts of Atascosa, Caldwell, Guadalupe, Comal and Hays.
    Who
    The Edwards Aquifer Authority, which must keep the Comal and San Marcos springs flowing for endangered species, and the permit holders (cities, farms, industry) who face cutbacks. This is a standing tension, not a lawsuit.
    The fight
    How much pumping has to be cut during drought to keep the springs flowing.
    Status
    EAA moved the pool to Stage 2 effective Oct 5, 2026 (announced Oct 16), then back to Stage 3 effective Oct 21. Stage 3 means a 35% cut.
    Latest
    Oct 21, 2026: back to Stage 3 (35% cut). Still Stage 3 on the EAA site as of Oct 29, 2026.

    Sources: EAA: current stage EAA: Stage 2 notice EAA: Stage 3 notice EAA drought rules

  • Pending Canyon Lake and the Guadalupe: two wastewater permits

    A water-quality fight over wastewater discharge permits, not a water right. It decides what treated wastewater can be released into a creek, not who gets to use the water.

    Canyon Lake is a reservoir on the Guadalupe River. Both plants would release into creeks that flow to the lake. USACE

    • Juniper Ranch treated wastewater→unnamed creek→Devil's Hollow→Canyon Lake
    • Broken Cedar Ranch treated wastewater→unnamed creek→Potter Creek→Canyon Lake
    Where
    Both are in Comal County, near Canyon Lake. Juniper Ranch: off FM 306 between U.S. 281 and Canyon Lake. Its plant would serve Lennar's Juniper Ranch subdivision, formerly called Canyon Ranch; TCEQ's papers still list it as the Canyon Ranch plant. Broken Cedar Ranch: near Rocky Ranch Road and FM 484.
    Who
    Juniper Ranch: Utilities, Inc. of Texas, the applicant, on one side. Mystic Shores residents, their property owners association, and the Greater Edwards Aquifer Alliance on the other. Broken Cedar Ranch: Lennar and two landowners are the applicants; at the February meeting, hundreds of residents asked TCEQ to deny it. TCEQ decides both permits.
    Juniper Ranch
    Renewal of an existing permit. Utilities, Inc. of Texas wants TCEQ to renew permit WQ0015866001, which would allow up to 300,000 gallons a day of treated wastewater into an unnamed creek that flows to Devil's Hollow and then Canyon Lake. TCEQ first approved the permit in 2021; it has since expired, and the plant is under construction and not yet running. At the June meeting, the company said it is looking into reusing the treated water instead of releasing it. Opponents want it denied or tightened, citing water quality, the aquifer, the creek's path across private lots, and an archaeological site in Devil's Hollow. TCEQ staff made a preliminary decision that the draft permit meets state rules.
    Broken Cedar
    A new permit for the Broken Cedar Ranch subdivision (WQ0016660001), sought by Lennar and two landowners, would allow up to 600,000 gallons a day into a creek that flows to Potter Creek and Canyon Lake. TCEQ held a public meeting on it Feb 10, 2026, and it is still on TCEQ's pending list as of Oct 29, 2026. TCEQ notice Express-News
    Status
    Juniper Ranch: the Greater Edwards Aquifer Alliance filed comments and asked for a contested-case hearing on May 28, 2026. TCEQ held a public meeting in Spring Branch on Jun 2, 2026, and has received more than 800 comments. Next, TCEQ must answer the comments in writing before the commissioners decide. Because this is a renewal, it is not settled whether a contested-case hearing is allowed. At the June meeting, a TCEQ lawyer said she had not yet looked at that question.
    Latest
    On Sep 24, 2026, a residents' group, Protect Our Waters of Texas, asked TCEQ and the governor for new protections for Canyon Lake, including a ban on new discharges. As of Oct 29, 2026, we found no TCEQ response to comments and no hearing date. Herald-Zeitung

    Sources: TCEQ meeting notice (for the Jun 2, 2026 meeting) TCEQ pending permits Texas Public Radio, Jul 2026 San Antonio Express-News, Jun 2026 GEAA comments and hearing request (opposes the permit)

  • Postponed Marvin Nichols Reservoir

    Where
    The Sulphur River Basin in Northeast Texas.
    Who
    Dallas-Fort Worth's regional water planners (Region C) against Northeast Texas planners (Region D), landowners and the group Preserve Northeast Texas.
    The fight
    Whether to flood tens of thousands of acres of rural land for a reservoir that would serve Dallas-Fort Worth.
    Status
    A mediation agreement pushed the reservoir's target date to 2070 and called for a new impact study. In January 2026 the state approved regional plans that move the reservoir to 2070 and add Toledo Bend as another option. A joint impact study is set to start in November 2026 and take about 15 months. Paused, not over.
    Latest
    Oct 19, 2026: the regions picked a consultant for the joint study, starting in November.

    Sources: KERA, Aug 2025 CBS Texas TWDB board memo, Jan 2026 Region C Water

  • Resolved Texas v. New Mexico

    Where
    The Rio Grande from southern New Mexico to El Paso.
    Who
    Texas against New Mexico, with Colorado also a party, before the U.S. Supreme Court.
    The fight
    Whether New Mexico's groundwater pumping took Rio Grande water owed to Texas under the 1938 Rio Grande Compact.
    Status
    The settlement requires New Mexico to cut groundwater use by 18,200 acre-feet a year within 10 years, mostly by buying and retiring farm water rights. Listed here as background.
    Latest
    May 26, 2026: the Supreme Court adopted the final decree, ending the 13-year case.

    Sources: TCEQ Texas Tribune, May 2026

No. 7

Questions people ask

Do I own the water under my land?

Texas courts have said groundwater in place is a real property interest (Day, 2012). Your local groundwater district can still regulate how it is pumped. Baylor Law TWDB

Can I pump from the creek on my place?

Not without a TCEQ permit, unless your use is exempt. Domestic and livestock use may be exempt. TCEQ

How long does a surface water permit take?

TCEQ says an uncontested application is typically processed in 300 days. Contested ones take longer. TCEQ

What is a watermaster?

A state official who monitors streamflow, stops illegal diversions, and divides water by priority in certain basins. TCEQ has four programs: Brazos, Concho River, Rio Grande, and South Texas. TCEQ

What is the Texas Water Fund?

A state fund created after voters passed Proposition 6 in 2023. Proposition 4 in 2025 dedicated sales tax money to it starting in 2027. TWDB

What is the State Water Plan?

TWDB's statewide plan built from regional plans. The current one is the 2027 State Water Plan, adopted July 23, 2026. TWDB

Find your local contacts

No. 8

Sources

  1. TCEQ: Water Rights and Water Use During Drought
  2. TCEQ: Instructions for a water rights application, form 10214a (revised Apr 29, 2026)
  3. TCEQ: Watermaster programs
  4. TCEQ: About watermasters
  5. TCEQ: Watermaster evaluations
  6. TCEQ: San Saba River report (Sep 2026)
  7. TWDB Report 361: 100 Years of Rule of Capture, From East to Groundwater Management (2004)
  8. Baylor Law Review: Kulander on Edwards Aquifer Authority v. Day
  9. TWDB: Groundwater conservation districts
  10. TWDB: State Water Plan
  11. TWDB: 2027 State Water Plan
  12. TWDB: 2022 State Water Plan
  13. TWDB: 2026 regional water plans
  14. TWDB: Proposition 4 FAQ (Sep 2025)
  15. Texas Legislative Reference Library: HJR 7 (Proposition 4) election result
  16. Texas Register, Dec 5, 2025: Governor's proclamation on the Nov 4, 2025 amendments
  17. TWDB board memo, Jul 23, 2026: Texas Water Fund transfers
  18. TWDB board memo, Jul 23, 2026: Petition for rulemaking
  19. TWDB: Texas Water Supply Corporation grants
  20. Texas Tribune, Jul 8, 2026: East Texas groundwater rights lawsuit
  21. Texas Tribune, Oct 21, 2025: East Texas water pumping plan paused
  22. Texas Tribune, Oct 20, 2026: Watchdog group criticizes TCEQ for advancing data center permits
  23. Houston Public Media, Oct 22, 2026: TCEQ closes online permitting system
  24. Texas Tribune, Sep 1, 2026: Corpus Christi desalination plant council vote
  25. Inside Climate News, Sep 24, 2026: Corpus Christi desalination plant loan
  26. TCEQ: Mexico's water deficit under the 1944 treaty
  27. Texas Tribune, Oct 25, 2025: Mexico falls short on the water treaty
  28. Edwards Aquifer Authority: current aquifer stage
  29. Edwards Aquifer Authority: critical period drought management
  30. KERA, Aug 14, 2025: Agreement over the Northeast Texas reservoir project
  31. CBS Texas: Proposed reservoir still hangs over landowners after 50 years
  32. TCEQ: U.S. Supreme Court resolves Rio Grande Compact litigation
  33. Texas Tribune, May 28, 2026: Texas and New Mexico Rio Grande settlement
  34. Texas Tribune, Jul 29, 2025: East Texas Carrizo-Wilcox Aquifer wells
  35. Consolidated WSC (a party): Redtown well field project
  36. Texas Lawbook: East Texas water dispute oral argument (12-26-00043-CV)
  37. TCEQ: Construction stormwater permits
  38. Office of the Governor, Sep 21, 2026: Letter to TCEQ on data center permits
  39. Texas Tribune, Sep 24, 2026: Corpus Christi desalination and the Nueces River Authority
  40. KRIS 6 News: Harbor Island desalination fully permitted
  41. U.S. Agriculture Secretary Brooke Rollins on X, Oct 24, 2026: Mexico water deliveries
  42. IBWC: Mexico water deliveries
  43. Edwards Aquifer Authority: Return to Stage 2 for the San Antonio Pool
  44. Edwards Aquifer Authority: Return to Stage 3 for the San Antonio Pool
  45. TWDB board memo, Jan 2026: 2026 regional water plans
  46. Region C Water Planning Group: 7th planning cycle now underway
  47. TCEQ: Notice of public meeting, Utilities, Inc. of Texas, permit WQ0015866001 (Jun 2, 2026)
  48. Texas Public Radio, Jul 12, 2026: Canyon Lake-area residents vow to stop wastewater treatment plant
  49. Greater Edwards Aquifer Alliance (opposes the permit), May 28, 2026: Comments and hearing request on WQ0015866001
  50. TCEQ: Notice of public meeting, Lennar Homes, permit WQ0016660001 (Feb 10, 2026)
  51. San Antonio Express-News, Jun 3, 2026: Canyon Lake-area residents oppose wastewater discharge permit
  52. TCEQ: Pending TPDES wastewater permit applications
  53. Herald-Zeitung, Sep 2026: Water conservation activists formally petition state for Canyon Lake watershed protections
  54. U.S. Army Corps of Engineers: Canyon Lake information