Water School

Water rights or a water permit is granted by the state in set increments to ensure that water is available for all in need.There are several types of water rights in Texas: perpetual rights including permits and certificates of adjudication and limited rights including temporary and term permits.

The Brazos River  Authority is permitted to sell water to any organization within the basin for the purposes listed in the organizations' water permit from the state.  These purposes are: municipal, industrial, agricultural, and mining.  Outside the Brazos River basin, legislation must be passed to allow an interbasin transfer of water to another river basin.

The Brazos River Authority has obtained the right to provide up to 705,000 acre-feet of water basin-wide from the 11 system reservoirs and the rivers within the watershed. This right was obtained through a standard water permitting process set by the Texas Commission on Environmental Quality (TCEQ) and its predecessor agencies and through contractual negotiations.  The Authority has contracted for sale 700,000 acre-feet of water.

Motorized boats, sailboats extending 14 feet or longer, and vessels documented by the U.S. Coast Guard all must show proof of state registration when operating on Texas public waters, which includes the Brazos River, according to Texas law. This law does not apply to non-motorized rubber rafts, kayaks, punts, rowboats, or other vessels under 14 feet in length that have the ability to be paddled, oared, windblown, or poled. To learn more about water vessel requirements of public Texas waters, cli...

No one can impound the waters of the State of Texas without permission from the state, as expressed through the issuance of a water right or water permit.  A property owner, even if they own both sides of a stream, may not be able to build a dam on that stream without first seeking the permission of the state.  If you are planning on building a lake, it is best that you check with the Texas Commission on Environmental Quality (TCEQ) and let them know your plans.

“Bed and banks” permits are required to be obtained from the TCEQ for the conveyance of water in a watercourse for subsequent diversion (less carriage losses such as evaporation, transpiration, seepage, etc.) and use.

Unappropriated water is the state water remaining in a watercourse that is available for appropriation (ie permitting) under the rules of TCEQ.  Or in other words, it is the amount of water that could be available for use from a water source after all existing water rights have been fully taken into account.

Over the past 200 years of Texas history, the state has experienced several different laws governing the use of surface water. These differing laws often created conflict in water rights claims. In 1967, the Texas Legislature directed the predecessor agency of the Texas Commission on Environmental Quality (TCEQ) to clarify this system and classify Texas water rights by Certificates of Adjudication. These certificates were each assigned a priority date based on when the water use first occurred.

A temporary permit is a water permit issued by the State of Texas for a period of up to three years.  These permits are usually used for road construction projects, mining, or agricultural irrigation.

A term permit is a water permit issued by the State of Texas usually to industry, mining or agricultural enterprise for a specific amount of water that will be available for specific amount of time (usually 10 years).  This permit does not have a priority date nor is it considered to be a property right and is subject to non-renewal or cancellation at the end of the term.

The Texas Water Code allows water permitting in a “first in time; first in right” basis. This practice establishes a place in line for water users with the earliest permits being guaranteed priority to take water. This date is important as it determines who has junior and senior water rights.

A perpetual water right (also called a Certificate of Adjudication) is a permit issued by the State of Texas that does not have an expiration date.  It specifies a volume of water that may be used on an annual basis.  This water may be used for consumptive purposes or may be stored and consumptively used on an annual basis.The permit specifies a priority date for use but does not guarantee that water will always be available.  Perpetual rights are considered property interests and may be bought,...

Domestic and Livestock use is available only to those whose property adjoins a stream or river.  This use is for water utilized by livestock, household needs and to irrigate a yard or home garden.  This same exemption to Texas water rights allows property owners to impound or store water in stock tanks on larger than 200 acre-feet of storage volume.

Yes, there are exceptions to the need for a surface water permit or contact to access water in Texas.  The Texas Water Code states four “exempt uses” under which water may be made available without the need for a permit or contract.  These are domestic and livestock use, wildlife management, and emergency use.

Yes, permission is required in order to ensure that there is enough water for all in need.  The state has established procedures and requirements for obtaining access to state surface water.  Water use may be sought through application for a state permit through the Texas Commission on Environmental Quality (TCEQ) or through the contract purchase of water from an already permitted entity.The Brazos River Authority holds numerous state issued permits for water use and provides this water to other...

In Texas, a water supply permit is an authorization from the state to use surface waters for a beneficial use.  Water supply permits are granted by the Texas Commission on Environmental Quality.  In some counties, groundwater districts are authorized to issue water supply permits for the use of groundwater.

Beneficial use represents the amount of water necessary when reasonable intelligence and diligence are used for a stated purpose authorized by a water rights permit. Such uses include watering crops, municipal, mining, and industrial use.Beneficial use results in a gain or benefit to the user and society, which is consistent with state law. Most states recognize the following uses as beneficial: domestic and municipal, industrial, irrigation, mining, hydroelectric power, navigation, stock r...