Texas Real Estate Sales Agent ExamProperty OwnershipHard
A Texas rancher has a stream flowing through their property. Under Texas law, what type of water rights apply to the use of this stream, assuming it is a navigable waterway?
- ACorrelative rights, requiring shared use among all landowners.
- BState ownership, with the landowner needing a permit for use.
- CPrior appropriation, granting rights based on historical use.
- DRiparian rights, allowing unlimited use by the landowner.
Show answer & explanationAnswer & explanation
Correct answer: B. State ownership, with the landowner needing a permit for use.
In Texas, navigable streams and rivers are considered state-owned public waters. Landowners adjacent to these waterways do not have riparian rights to use the water; rather, they must obtain a permit from the Texas Commission on Environmental Quality (TCEQ) for most uses.
Why the other options are wrong
- A. Correlative rights typically apply to groundwater, not navigable surface streams.
- C. Prior appropriation is a Western U.S. water doctrine, not generally applicable to surface water in Texas, which uses a permit system for state-owned waters.
- D. Riparian rights generally apply to non-navigable waters or in states with different water law doctrines. For navigable waters in Texas, the state owns the water.
Texas Water Rights (Navigable Streams)
In Texas, navigable streams are considered state property, and their use requires a permit from the Texas Commission on Environmental Quality (TCEQ).
- Navigable streams are defined by statute (e.g., 30 feet wide).
- Landowners do not have automatic riparian rights to use water from navigable streams.
- A permit system governs appropriation of state-owned surface waters.
Memory trick: Texas Water: Surface is State, Groundwater is Grounded.