In Texas, the doctrine of prior appropriation governs surface water rights, meaning “first in time, first in right.” This system contrasts with riparian rights prevalent in many other states. Under prior appropriation, a water right is established by diverting water and putting it to beneficial use, with the date of appropriation determining priority. The Texas Water Code, particularly Chapter 11, outlines the process for obtaining and maintaining these rights through permits issued by the Texas Commission on Environmental Quality (TCEQ). A key aspect is the concept of “beneficial use,” which is defined by statute and administrative rules and encompasses uses like agriculture, municipal supply, industrial processes, and recreation, among others. The law also recognizes the importance of preserving instream flows for environmental and ecological purposes, often through specific permit conditions or separate instream flow designations. When considering a transfer of water rights, such as a sale or lease, the process typically involves TCEQ approval to ensure the transfer does not impair existing senior water rights and continues to serve a beneficial use. The doctrine aims to provide certainty and security for water users based on their historical appropriation dates. The question assesses the understanding of this fundamental principle and its practical implications in Texas water law, specifically how existing rights are protected during transfers.

In Texas, the doctrine of prior appropriation governs surface water rights, meaning “first in time, first in right.” This principle dictates that the first person to divert and use water for a beneficial purpose obtains a senior water right. Subsequent users acquire junior rights, which are subordinate to senior rights. During times of scarcity, senior rights holders are entitled to receive their full allocation before any water is available to junior rights holders. This system is administered by the Texas Commission on Environmental Quality (TCEQ) through a permit system. A water right permit specifies the amount of water, the source, the point of diversion, and the beneficial use. While the state owns the surface water, private individuals can acquire rights to use it through these permits. The concept of “beneficial use” is critical; water must be used for a recognized purpose such as irrigation, municipal supply, industrial use, or recreation, and it must be used efficiently. Abandonment of a water right can occur if the water is not used for a period of ten consecutive years, as defined by Texas Water Code §11.171. This non-use presumption can be rebutted by showing intent to resume the use. The question tests the understanding of how water rights are prioritized and the conditions under which they can be maintained or lost in Texas.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Under the doctrine of prior appropriation, the state of Texas manages water rights. A water right is defined as the right to use a certain amount of water for a specific beneficial purpose. The Texas Commission on Environmental Quality (TCEQ) is the primary agency responsible for issuing and administering these water rights. When considering a new appropriation, the TCEQ evaluates several factors, including the applicant’s ability to conserve water, the impact on existing water rights holders, and the availability of unappropriated water. The concept of “beneficial use” is central, meaning the use must be for a purpose that is recognized as lawful and productive, such as irrigation, municipal supply, industrial use, or recreation. The priority date of an existing water right is crucial; senior rights holders have priority over junior rights holders during times of scarcity. The Texas Water Code also outlines procedures for amending, transferring, and canceling water rights. The principle of “no injury” to existing rights is a fundamental constraint on the issuance of new permits. This means that a new appropriation cannot be granted if it would substantially impair the water supply of existing permit holders. The process involves public notice and opportunities for interested parties to protest. The TCEQ also considers the applicant’s proposed water conservation plan as part of the application review.

The Texas Water Code, specifically Chapter 11, governs water rights in the state, which operates under a prior appropriation system. This system dictates that the first person to divert water and put it to beneficial use acquires a water right. These rights are quantified, meaning they are for a specific amount of water, and are appurtenant to the land for which the right was originally granted, unless legally severed. The concept of “beneficial use” is crucial and is defined by the Texas Water Code to include uses such as domestic, municipal, agricultural, industrial, and recreational. The doctrine of prior appropriation prioritizes senior rights holders over junior rights holders during times of scarcity. Water rights are administered by the Texas Commission on Environmental Quality (TCEQ), which issues permits for new appropriations and oversees existing ones. The transfer of water rights requires an amendment to the existing permit or a new permit, and the TCEQ must approve such transfers to ensure they do not impair existing rights. The question tests the understanding of how water rights are established and maintained under Texas law, focusing on the core principles of prior appropriation and beneficial use, and the administrative oversight by the TCEQ.

In Texas, the doctrine of prior appropriation governs surface water rights. This means that the first person to divert water and put it to beneficial use acquires a right to that water, superior to subsequent users. The Texas Water Code, specifically Chapter 11, outlines the process for obtaining a water right through a permit issued by the Texas Commission on Environmental Quality (TCEQ). A critical aspect of this system is the concept of beneficial use, which requires that water be used for a purpose that benefits the public and is economically justifiable. If a senior water right holder ceases to use their water for a beneficial purpose, their right can be subject to forfeiture. Forfeiture proceedings are initiated by the state, typically by the TCEQ, when there is evidence of non-use for a statutory period, generally three consecutive years, without a legally recognized excuse. The burden of proof for demonstrating a valid excuse for non-use rests with the water right holder. This system prioritizes historical use and the continuous application of water to beneficial purposes to ensure efficient and equitable allocation of a scarce resource. The state’s role is to administer these rights and ensure compliance with the terms of the permits and the overarching water law.

The Texas Water Code, specifically Chapter 11, governs water rights in the state. Under the prior appropriation doctrine, the state of Texas recognizes the right to use water based on the concept of “first in time, first in right.” This means that the earliest established water rights have priority over later ones during times of scarcity. A water right in Texas is a right to use a specific amount of water for a specific beneficial purpose, typically acquired through a permit issued by the Texas Commission on Environmental Quality (TCEQ). These permits are appurtenant to the land for which the water right was granted and are not automatically lost due to non-use; however, abandonment can occur if a water right holder intentionally relinquishes their right, which is a difficult standard to prove. The concept of “beneficial use” is central to Texas water law, meaning the use must be for a purpose that is lawful and serves a beneficial purpose, such as agriculture, municipal supply, industrial processes, or recreation. The Texas Water Code also addresses groundwater rights, which are generally governed by the rule of capture, allowing landowners to pump groundwater beneath their property without liability for dewatering neighboring wells, though this rule is subject to limitations to prevent waste and protect correlative rights in certain groundwater conservation districts. When considering the transfer of a water right, the TCEQ reviews the application to ensure the proposed new use is also a beneficial use and does not impair existing water rights. The priority date of the original permit is generally maintained unless the transfer involves a significant change in the nature of the use or the place of use that could impact the water system.

In Texas, the doctrine of prior appropriation governs surface water rights. This means that the first person to put water to beneficial use has the senior right to that water. The Texas Water Code, specifically Chapter 11, outlines the process for obtaining and maintaining these rights through permits issued by the Texas Commission on Environmental Quality (TCEQ). A key aspect of prior appropriation is the concept of “beneficial use,” which is defined as a use of water that is reasonable and economically justifiable for a purpose that is recognized as a legitimate use of water in Texas. This includes agricultural, municipal, industrial, and recreational uses, among others. When water is scarce, senior water rights holders are entitled to receive their full allocation before junior rights holders receive any water. This prioritization is fundamental to the prior appropriation system and aims to provide certainty to water rights holders. The administration of these rights involves the TCEQ monitoring water availability, issuing permits, and enforcing regulations to ensure compliance with the terms of the permits and the principles of prior appropriation. Disputes over water rights are typically resolved through administrative processes or litigation, with the historical record of water use and the terms of existing permits being central to these determinations. The concept of “use it or lose it” is also relevant; failure to maintain a beneficial use for a statutory period can lead to the forfeiture of a water right. This encourages the efficient and continuous utilization of water resources.

The Texas Water Code, specifically Chapter 11, governs the appropriation of state waters. Under the prior appropriation doctrine, the first in time is the first in right. This means that water rights are established based on the date of appropriation. When a new permit application is filed, the Texas Commission on Environmental Quality (TCEQ) must consider existing water rights. If granting the new permit would impair an existing water right, the TCEQ is generally prohibited from issuing the permit. Impairment occurs when the new appropriation would deprive a senior water right holder of water to which they are legally entitled, considering the senior right’s priority date and the conditions of their permit. The concept of “beneficial use” is also central, meaning water must be used for a purpose recognized by law and in a manner that is efficient and not wasteful. The TCEQ evaluates applications for new permits against these principles, ensuring that the proposed use is beneficial and that existing rights are protected from impairment. The burden of proof regarding non-impairment often falls on the applicant for the new permit. This regulatory framework aims to balance the allocation of a finite resource with the protection of established rights and the promotion of efficient water use across Texas.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas, which are based on the prior appropriation doctrine. This doctrine dictates that the first person to put water to beneficial use acquires a right to that water, and subsequent users are junior in priority. Water rights are quantified and documented through permits issued by the Texas Commission on Environmental Quality (TCEQ). These permits specify the amount of water that can be diverted, the source of the water, and the authorized beneficial uses. When water is scarce, the TCEQ enforces these priority rights, meaning senior rights holders receive their allocated water before junior rights holders. This system is designed to provide certainty and order in water allocation, especially in a state like Texas with its varied climate and potential for drought. The concept of “beneficial use” is crucial, as it requires water to be used for a recognized purpose that benefits society, such as agriculture, municipal supply, industrial processes, or recreation, and prohibits waste. The administration of these rights involves continuous monitoring and enforcement by the TCEQ to ensure compliance with permit conditions and to manage water resources effectively during periods of shortage.

In Texas, the doctrine of prior appropriation governs surface water rights, meaning “first in time, first in right.” This system assigns water rights based on the date of appropriation, not riparian ownership. A water right is established by diverting water and applying it to a beneficial use, with a permit issued by the Texas Commission on Environmental Quality (TCEQ). If a senior water right holder is not receiving their adjudicated or permitted amount of water, they can issue a “call” on the water supply. This call requires junior water right holders upstream to cease diversions until the senior right holder’s needs are met. The Texas Water Code, particularly Chapter 11, outlines the procedures for water rights and calls. The priority date of a water right is crucial in determining its standing during a shortage. A water right holder with an earlier priority date has a superior claim to water than a holder with a later priority date. Therefore, when a senior right holder calls for water, all junior rights downstream must be curtailed, regardless of the volume of water being diverted by the junior users, as long as the senior user’s permitted amount is not being met. The question describes a scenario where a senior water right holder with a priority date of 1920 is not receiving their full permitted allocation of 100 acre-feet per year. There are two junior water right holders downstream: one with a priority date of 1950 diverting 50 acre-feet per year, and another with a priority date of 1970 diverting 75 acre-feet per year. The senior right holder’s needs are not being met. When the senior right holder issues a call, the junior right holder with the earliest priority date among the junior rights must cease diversions first. In this case, the 1950 right holder is junior to the 1920 right holder, and the 1970 right holder is even more junior. Therefore, the 1950 right holder must cease their diversion. If the senior right holder’s needs are still not met after the 1950 right holder ceases diversion, then the next junior right holder, the 1970 right holder, must also cease their diversion. The question asks what happens when the senior right holder calls for water. The most senior right holder downstream, which is the 1950 right holder, must cease their diversion to allow water to flow to the senior right holder. The amount of water being diverted by the junior users is irrelevant to the obligation to cease diversion; only the priority date matters.

Texas water law distinguishes between groundwater and surface water rights. Groundwater is generally owned by the surface landowner under the rule of capture, allowing them to pump as much as they can reasonably capture from beneath their land, provided they do not act with malice or waste. Surface water, however, is subject to the prior appropriation doctrine, often summarized as “first in time, first in right.” This means that the first person to divert surface water and put it to a beneficial use establishes a senior water right that takes precedence over subsequent rights during times of scarcity. The Texas Water Code governs the appropriation of surface water, requiring permits from the Texas Commission on Environmental Quality (TCEQ) for new diversions. These permits specify the amount of water, the source, the beneficial use, and the priority date. The doctrine of prior appropriation aims to ensure a predictable and orderly allocation of a finite resource, minimizing conflict during drought conditions by prioritizing those with earlier established rights. The concept of “beneficial use” is crucial, as it implies that water must be used efficiently and for a recognized purpose, such as irrigation, municipal supply, or industrial processes, and not wasted. The state’s water planning process, guided by entities like the Texas Water Development Board, also plays a significant role in managing and projecting future water needs and sources. The question tests the understanding of how surface water rights are established and prioritized under the prior appropriation system in Texas, contrasting it implicitly with the groundwater rule of capture. The core principle is the priority date, which dictates the order of entitlement during shortages.

The Texas Water Code, specifically Chapter 11, governs water rights. Under the doctrine of prior appropriation, the first person to divert water and put it to beneficial use acquires a senior water right. Subsequent users acquire junior rights. When water is scarce, senior rights holders are entitled to receive their full allocation before junior rights holders receive any water. This is often referred to as the “rule of capture” in a broader sense of resource acquisition, but in water law, it’s specifically about the priority of rights. A permit from the Texas Commission on Environmental Quality (TCEQ) is generally required to acquire a new water right or to change an existing one. The existence of a permit establishes a right to use a specific amount of water for a specific purpose at a specific time, subject to the priority system. Without a permit, or a valid claim to an existing right that predates the permitting system, one cannot legally divert and use state water. Therefore, the absence of a permit or a pre-existing, recognized water right means that any diversion would be unlawful, irrespective of the quantity of water available or the intended beneficial use. The concept of “beneficial use” is also crucial, meaning the use of water that is reasonable and economically justifiable and provides social value, but it does not grant a right in itself without the prior appropriation and permitting process.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Under the prior appropriation doctrine, water rights are established by putting water to beneficial use. When considering the concept of “beneficial use” in Texas, it is crucial to understand that it is a dynamic and evolving standard, interpreted by the Texas Commission on Environmental Quality (TCEQ) and the courts. Beneficial use encompasses a wide range of activities, including domestic, agricultural, industrial, municipal, and recreational uses, provided they are economically justifiable and do not cause significant waste. The key principle is that water must be used efficiently and for a legitimate purpose. The Texas Water Code does not inherently grant a right to flood or inundate land as a beneficial use in itself. While some water uses might incidentally involve inundation (e.g., certain agricultural practices or reservoir creation for storage), the primary purpose must be a recognized beneficial use. The concept of “no injury rule” under prior appropriation is also paramount, meaning a new appropriation or change in an existing one cannot impair existing water rights. Therefore, a claim to water rights solely for the purpose of flooding another’s property, without a demonstrable, recognized beneficial use that necessitates such flooding and without causing injury to senior water rights holders, would not be recognized as a valid appropriation under Texas water law. The focus remains on the efficient and beneficial application of water, not on the passive or detrimental impact of its presence.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. When a water right holder intends to sell or transfer their water right, the Texas Commission on Environmental Quality (TCEQ) must approve the transfer. This approval process ensures that the transfer does not impair existing water rights, is not detrimental to the public welfare, and complies with other statutory requirements. The concept of “impairment” is central to this review. Impairment occurs when the transfer of a senior water right would reduce the amount of water available to a junior water right holder below the amount they are entitled to under their own right. The TCEQ evaluates the hydrological conditions, the nature of the proposed transfer, and the potential impact on other users and the environment. The application for a transfer must demonstrate that these conditions are met. The Texas Water Code also addresses the creation of new water rights through the appropriation process, which is based on the doctrine of prior appropriation. This doctrine means that the first person to divert and use water for a beneficial purpose obtains a superior right to that water. Subsequent users obtain junior rights, which are satisfied only after senior rights are met. Therefore, any transfer of a water right is scrutinized to prevent such impairment.

In Texas, the doctrine of prior appropriation governs surface water rights. This doctrine, often summarized as “first in time, first in right,” means that the first person to divert and put water to beneficial use has the senior water right. This right is appurtenant to the land specified in the water right permit and is limited by the amount of water authorized in the permit and the beneficial use to which it is applied. Texas law distinguishes between riparian rights, which are generally not recognized for surface water in Texas except in limited, historical contexts, and prior appropriation rights. Water rights are administered by the Texas Commission on Environmental Quality (TCEQ) through a permitting system. A water right is a legal right to impound, store, or use a specific amount of water from a particular source for a designated beneficial purpose. Transfers of water rights are permitted but must be approved by the TCEQ to ensure no impairment of existing senior water rights and continued beneficial use. The concept of “beneficial use” is central to Texas water law, encompassing uses such as agriculture, municipal supply, industrial purposes, and recreation, among others. Water rights are considered property rights, but they are subject to state regulation and the public interest. The Texas Water Code outlines the framework for acquiring, maintaining, and transferring these rights.

In Texas, the doctrine of prior appropriation governs surface water rights, meaning “first in time, first in right.” This principle establishes a hierarchy of water rights based on the date of appropriation. An appropriative right is acquired by diverting water and applying it to a beneficial use under a permit issued by the Texas Commission on Environmental Quality (TCEQ). The Texas Water Code, specifically Chapter 11, outlines the process for obtaining and maintaining these permits. Senior rights holders have priority over junior rights holders during times of scarcity. Beneficial use is a key concept, requiring that water be used efficiently and for a recognized purpose, such as irrigation, municipal supply, or industrial processes. Waste of water is prohibited. Transfer of water rights is possible but requires TCEQ approval to ensure the new use remains beneficial and does not harm existing rights. The concept of riparian rights, common in some other states, is largely absent for surface water in Texas, except for certain historical or specific circumstances not relevant to the general prior appropriation system. Therefore, a water right holder’s claim is primarily defined by their permit’s priority date and the conditions of beneficial use.

The Texas Water Code, specifically Chapter 11, governs the appropriation of state waters. Under the doctrine of prior appropriation, the right to use state water is acquired by diverting water and applying it to a beneficial use. The priority of the water right is determined by the date of application for a permit or the date of commencement of the beneficial use if no permit was required at the time. This system is often referred to as “first in time, first in right.” When there is insufficient water to meet all existing rights, senior water rights holders are entitled to receive their full allocation before junior water rights holders receive any. This priority system is fundamental to water management in Texas, ensuring that established uses are protected during periods of scarcity. Understanding the historical context of water rights and the process of obtaining permits is crucial for navigating water law in Texas. The Texas Commission on Environmental Quality (TCEQ) is the primary agency responsible for issuing and administering water rights permits.

The Texas Water Code, specifically Chapter 11, governs the appropriation of state waters. Water rights in Texas are based on the prior appropriation doctrine, often summarized as “first in time, first in right.” This means that the person who first appropriates water and puts it to beneficial use generally has a superior right to that water over subsequent appropriators. An existing water right holder can seek to protect their right against an unlawful impairment by another user. This protection is typically sought through legal action, such as an injunction or a suit for damages, to prevent or remedy the interference. The Texas Commission on Environmental Quality (TCEQ) plays a significant role in issuing and administering water rights, but the enforcement of existing rights against unauthorized interference often involves the judicial system. The concept of “beneficial use” is central to Texas water law, requiring that water be used for a purpose that is of economic or social value and that the use is not wasteful. The impairment of an existing water right occurs when a new appropriation or a change in an existing one diminishes the quantity or quality of water available to the senior right holder to the extent that it interferes with their ability to make beneficial use of their authorized amount.

The Texas Water Code, specifically Chapter 11, governs the appropriation of water. When a landowner diverts water from a navigable or public stream for beneficial use, they must obtain a permit from the Texas Commission on Environmental Quality (TCEQ). This permit establishes a priority date for the water right. In Texas, the doctrine of prior appropriation is followed, meaning that the earliest in time of diversion for beneficial use is the first in right. This system is often summarized as “first in time, first in right.” During periods of water scarcity, senior water rights holders, those with earlier priority dates, have a legal claim to the available water before junior water rights holders, those with later priority dates. The question presents a scenario where a landowner, Ms. Anya Sharma, has an existing water right with a priority date of 1955 for agricultural irrigation. A new developer, Mr. Ben Carter, seeks to divert water from the same stream for industrial purposes and obtains a permit with a priority date of 2020. During a severe drought, the stream’s flow is significantly reduced. In such a situation, Ms. Sharma’s senior water right, established in 1955, takes precedence over Mr. Carter’s junior water right, established in 2020. This means that Ms. Sharma is entitled to her full permitted allocation of water before Mr. Carter can divert any water, even if his proposed use is also beneficial. This principle ensures that established water uses with earlier priority dates are protected during times of shortage, reflecting the core tenet of the prior appropriation doctrine in Texas. The concept of beneficial use is also critical, as water rights are granted for specific purposes and must be utilized efficiently to maintain their validity. However, the priority date is the determining factor in allocation during scarcity.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Under the doctrine of prior appropriation, the first person to divert water and put it to beneficial use acquires a senior water right. Subsequent rights are junior. When water is scarce, senior rights holders are entitled to receive their full appropriation before junior rights holders receive any. This priority system is fundamental to Texas water law. The concept of beneficial use is also critical, meaning the water must be used for a purpose that is recognized as lawful and productive, such as irrigation, municipal supply, or industrial purposes, and not wasted. Texas follows a permit system administered by the Texas Commission on Environmental Quality (TCEQ). Water rights are appurtenant to the land for which they were granted, but they can be severed and transferred with TCEQ approval, provided the transfer does not impair existing rights. The question asks about the legal mechanism for a landowner to transfer their right to use surface water for irrigation to a municipality. This process requires formal approval from the state agency responsible for water rights administration.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Water rights in Texas are based on the prior appropriation doctrine, often summarized as “first in time, first in right.” This means that the person who first appropriates water and puts it to beneficial use has a superior right to that water over subsequent appropriators. A water right is a legal right to use a certain amount of water from a specific source for a particular beneficial purpose. The Texas Commission on Environmental Quality (TCEQ) is the state agency responsible for issuing and administering these water rights, typically in the form of permits. These permits specify the amount of water that can be diverted, the source of the water, and the beneficial use for which it is intended. The concept of beneficial use is crucial, as water rights are granted only for uses that are considered beneficial by the state, such as irrigation, municipal supply, industrial use, and domestic use. Non-beneficial uses, like evaporation from private reservoirs, are generally not granted water rights. The prior appropriation system is designed to provide certainty and order in water allocation, especially in a state like Texas with significant water scarcity in many regions. The doctrine also allows for the transfer of water rights, subject to regulatory approval, to ensure water can move to its most valuable uses.

In Texas, the doctrine of prior appropriation governs surface water rights. This means that the first person to divert water and put it to beneficial use acquires a senior right to that water. Subsequent users acquire junior rights. When water is scarce, senior rights holders are entitled to their full appropriation before junior rights holders receive any water. This system is administered by the Texas Commission on Environmental Quality (TCEQ) through a permitting process. A water right is a legal entitlement to use a portion of the state’s water resources, and it is acquired through a permit issued by the TCEQ. The Texas Water Code outlines the procedures for obtaining, amending, and forfeiting water rights. Key principles include the beneficial use requirement, which means water must be used for a recognized purpose such as irrigation, municipal supply, or industrial processes, and the concept of forfeiture, where a water right can be lost if the water is not used for a specified period. The administration of these rights is crucial for managing Texas’s limited water resources, especially during drought conditions. The system prioritizes historical use and beneficial application to ensure orderly allocation and prevent disputes.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Under the doctrine of prior appropriation, the right to use state water is acquired by diverting the water and applying it to a beneficial use. This right is established through a permit issued by the Texas Commission on Environmental Quality (TCEQ). The concept of “beneficial use” is central and is defined broadly to include uses for domestic, livestock, agricultural, industrial, and recreational purposes, among others. The law prioritizes existing rights, meaning a senior water right holder generally has priority over a junior water right holder during times of scarcity. The acquisition of a water right is not based on land ownership but on the act of appropriation and beneficial use. The permit specifies the amount of water that can be diverted, the source of the water, and the specific beneficial uses for which it is authorized. Texas law also allows for the transfer of water rights, but these transfers must be approved by the TCEQ to ensure that the transfer does not impair existing water rights. The doctrine of prior appropriation, as applied in Texas, is a key differentiator from riparian rights systems prevalent in some other states, where water rights are tied to ownership of land adjacent to a water source.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle for water rights in Texas. This means that the person who first put the water to beneficial use and obtained a permit has a superior right to that water over subsequent users during times of scarcity. A water right is appurtenant to the land for which the water was originally appropriated and is maintained through beneficial use. Abandonment of a water right can occur if the holder intentionally relinquishes the right or fails to use it for a period of ten consecutive years, as defined by Texas Water Code Section 11.151. The Texas Commission on Environmental Quality (TCEQ) oversees water rights and can revoke permits for non-compliance or abandonment. The concept of riparian rights, where landowners adjacent to a water body have rights to its use, is generally not recognized in Texas for surface water appropriation, unlike in many other states. Therefore, a senior appropriator’s right is protected against junior appropriators during drought conditions.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Under the prior appropriation doctrine, the right to use water is acquired by diverting water and putting it to beneficial use. The doctrine of “first in time, first in right” is fundamental. When a water right is established, it is granted a priority date. In times of shortage, senior water rights holders (those with earlier priority dates) are satisfied before junior water rights holders. The question describes a scenario where a landowner, Ms. Elara Vance, has a water right with a priority date of 1955 for irrigation. A new development, the “Cypress Creek Estates,” is seeking to divert water from the same source with a priority date of 1988 for municipal use. During a period of drought, the available water is insufficient to meet all demands. Ms. Vance’s senior water right, established in 1955, takes precedence over the junior water right of Cypress Creek Estates, established in 1988. Therefore, Ms. Vance is entitled to her full allocation of water before Cypress Creek Estates receives any, assuming her use is beneficial and within the terms of her permit. This principle is a cornerstone of Texas water law, ensuring that established rights are protected even during scarcity, reinforcing the concept of vested water rights based on historical appropriation. The Texas Commission on Environmental Quality (TCEQ) is the state agency responsible for administering these water rights.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Under the prior appropriation doctrine, the first person to divert water and put it to beneficial use acquires a superior right to that water. This right is quantified by a water right permit, which specifies the amount of water that can be diverted and the beneficial uses for which it can be used. When considering the priority of water rights, the date of the permit application is crucial. A permit granted earlier generally takes precedence over a permit granted later, especially during times of scarcity. In this scenario, the landowner’s claim to water for irrigation, established by a permit dated 1955, predates the permit for municipal use granted in 1978. Therefore, during a period of water shortage, the landowner’s senior water right from 1955 would be honored before the junior water right holder from 1978, meaning the landowner would have a superior claim to the available water for their agricultural needs. This principle of “first in time, first in right” is a cornerstone of water law in Texas and other western states that follow the prior appropriation system. The Texas Commission on Environmental Quality (TCEQ) is the state agency responsible for administering these water rights.

The Texas Water Code, specifically Chapter 11, governs the appropriation of state waters. Under the prior appropriation doctrine, the first in time is the first in right. This means that water rights are established based on the date of application and beneficial use. When a new application for a water right is filed, it must be evaluated against existing rights to ensure it does not impair them. Impairment generally refers to the inability of an existing right holder to divert the amount of water to which they are entitled under their senior right. The Texas Commission on Environmental Quality (TCEQ) is responsible for administering these water rights. If a proposed appropriation would reduce the amount of water available to a senior right holder during a period of scarcity, it would be considered an impairment. Therefore, the TCEQ must consider the priority dates of all existing water rights within a watershed when evaluating a new application. The concept of “beneficial use” is also critical, as water rights are granted for specific, recognized uses that benefit the public. However, the primary consideration when determining if a new right can be granted without impairing existing rights is the seniority of those rights and the availability of water in the source during periods of need for the senior users. The question hinges on the fundamental principle of prior appropriation and the TCEQ’s duty to prevent impairment of senior water rights.

In Texas, the concept of prior appropriation governs water rights, meaning the first person to put water to beneficial use generally has the superior right. This system is administered by the Texas Commission on Environmental Quality (TCEQ). Water rights are typically granted through permits, which specify the amount of water, the source, and the authorized use. Article XVI, Section 59 of the Texas Constitution establishes the state’s authority to conserve, control, and distribute its natural resources, including water. The Texas Water Code outlines the procedures for obtaining, maintaining, and transferring water rights. A crucial aspect of this system is the requirement for beneficial use; if a water right is not used for its intended purpose for a statutory period, it can be subject to forfeiture. This encourages efficient water management and prevents the hoarding of rights. The doctrine of prior appropriation is fundamentally different from riparian rights, which are based on ownership of land adjacent to a watercourse. Texas has moved decisively towards prior appropriation, with limited exceptions for pre-existing riparian rights. Understanding the distinction between a water right permit and a water right itself is also important; the permit is the document that formalizes the right. The Texas Water Code also addresses groundwater, though its management is often more localized through groundwater conservation districts, which are authorized to adopt rules for the conservation, protection, and efficient use of groundwater. However, surface water rights, as governed by permits, are central to the state’s water management framework. The transfer of water rights requires approval from the TCEQ to ensure that the transfer does not adversely affect existing rights or the public interest.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Water rights in Texas are based on the prior appropriation doctrine, meaning “first in time, first in right.” This system requires obtaining a permit from the Texas Commission on Environmental Quality (TCEQ) to impound, divert, or use state water. The process involves demonstrating a beneficial use and ensuring the proposed use does not impair existing water rights or the public interest. A crucial aspect of this doctrine is the concept of abandonment, where a water right can be lost if it is not used for a continuous period of ten years. This non-use, without a legally recognized excuse, signifies an intent to abandon the right. Therefore, for a holder of a water right to maintain their claim, they must actively and continuously apply the water to the beneficial use for which the right was granted. Failure to do so, for the statutory period, can lead to the forfeiture of that right, making the water available for appropriation by others. The Texas Water Code defines abandonment as the failure to use water for a period of ten consecutive years, unless such failure is due to drought, or to the act of God, or to unavoidable accident, or to the requirements of a cooperative water development or conservation program.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle. This means that the person who first puts the water to beneficial use has a superior right to that water compared to subsequent users. Water rights in Texas are acquired by obtaining a permit from the Texas Commission on Environmental Quality (TCEQ) for a specific amount of water, for a specific use, at a specific location. These rights are usufructuary, meaning they grant the right to use, but not to own, the water itself. The water remains the property of the state. Transferring a water right requires TCEQ approval, ensuring the transfer does not impair existing rights and that the new use is beneficial. Riparian rights, which are based on ownership of land adjacent to a watercourse, are not the primary system for surface water allocation in Texas, although they may have historical relevance or application in specific, limited contexts not governed by the prior appropriation system. Therefore, a landowner in Texas cannot simply claim a right to surface water based solely on owning land adjacent to a river if that water is already appropriated under the prior appropriation system.