Texas Porch

Land / Water rights

Two kinds of water, two sets of rules.

Texas splits water into two kinds with completely different rules, and mixing them up causes trouble. The short version: you may own the water under your land, but not the creek running across it.

The two kinds of water

Surface water (rivers, streams, lakes)

Owned by the State and held for the public. To use it for most things - irrigating crops, commercial, industrial - you need a permit from the TCEQ, and older rights get water first in a drought ('first in time, first in right'). The exception: a landowner next to a stream may use it for household and livestock needs without a permit, but not to irrigate crops or run a business.

Groundwater (the aquifer under your land)

Treated as your private property under the 'rule of capture' - roughly, you can pump from under your own land even if it draws down a neighbor's well. But nearly 100 local Groundwater Conservation Districts now regulate pumping across much of the state (spacing, limits, reporting). Small domestic and livestock wells are often exempt, but the rules are specific - before you drill a big well, check whether you're in a district and what it requires.

Stock tanks & ponds

Stock tanks and ponds: Texas lets you build a pond or small reservoir on your own land for domestic, livestock, or wildlife use without a state water-rights permit, up to 200 acre-feet. A pond built just for looks, or a commercial operation, may not qualify - confirm the details before you dig.

Keep going

Where to get real answers

The TCEQ handles surface-water permits; the Texas Water Development Board and your local Groundwater Conservation District handle groundwater. AgriLife has a plain-English Texas water law explainer.

Data vintage:
As reviewed June 2026
Last reviewed:
June 15, 2026

Caution: Not legal advice. Whether you need a permit, and what your groundwater district allows, depends on the water and your exact location - confirm with the TCEQ and your local district before you build a well or pond.

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