The Texas Water Code, specifically Chapter 11, governs the appropriation of water in Texas. Under the doctrine of prior appropriation, the state owns all water, and rights to use water are acquired by obtaining a permit from the Texas Commission on Environmental Quality (TCEQ). A senior water right holder, meaning one who acquired their right earlier in time, generally has priority over junior water right holders during times of scarcity. The question asks about the legal framework for water use in Texas. The Texas Constitution, Article XVI, Section 59, establishes the state’s authority to conserve and develop its natural resources, including water. The Texas Water Code then provides the statutory framework for this. Water rights in Texas are considered real property rights and are appurtenant to the land for which they were granted, unless otherwise specified in the permit. The concept of “beneficial use” is central to Texas water law; water rights are granted for a specific beneficial use, such as irrigation, industrial, or municipal use, and the right can be forfeited if not used for that purpose. Water rights are not automatically granted but require a formal application and approval process. Riparian rights, where landowners adjacent to a watercourse have a right to use the water, are generally not recognized in Texas for surface water rights, which are governed by prior appropriation. Therefore, the legal framework for water use in Texas is based on the prior appropriation doctrine, administered through permits issued by the TCEQ, with senior rights taking precedence.

The Texas Water Code, specifically Chapter 11, governs the appropriation of water in Texas. Under the doctrine of prior appropriation, the state owns all water, and rights to use that water are acquired through a permit system. A landowner in Texas does not automatically own the water that flows across or under their land; rather, they can acquire rights to use that water through a permit issued by the Texas Commission on Environmental Quality (TCEQ). The concept of riparian rights, where landowners adjacent to a watercourse have rights to its use, is generally not recognized in Texas for surface water rights, which are primarily governed by prior appropriation. Therefore, a landowner seeking to use surface water for agricultural irrigation must obtain a water right permit from the TCEQ, demonstrating beneficial use and the availability of unappropriated water. The existence of groundwater, while regulated separately, does not automatically confer surface water rights. The Texas Water Code emphasizes the state’s ownership and the permit-based system for acquiring rights to use surface water resources.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation is the foundational principle for water rights in the state, meaning “first in time, first in right.” This doctrine dictates that the first person to divert water and put it to beneficial use acquires a senior water right. Subsequent users acquire junior rights, which are subordinate to senior rights. In times of scarcity, senior rights holders are entitled to their full appropriation before junior rights holders receive any water. Beneficial use is a critical component; water must be used for a recognized purpose that benefits the public, such as irrigation, municipal supply, industrial use, or domestic use. Waste is prohibited. A water right is established through a permit issued by the Texas Commission on Environmental Quality (TCEQ). These permits specify the amount of water, the source, the point of diversion, and the authorized beneficial use. Transferring a water right typically requires TCEQ approval to ensure the new use is also beneficial and does not impair existing rights. The concept of riparian rights, common in many other U.S. states where landowners adjacent to a water body have rights to use that water, is not the primary system for surface water rights in Texas. While Texas does recognize some groundwater rights under the rule of capture, surface water is managed under prior appropriation. Therefore, a landowner in Texas seeking to divert water from a river for agricultural purposes must obtain a water right permit from the TCEQ, demonstrating beneficial use, and this right is subject to the prior appropriation doctrine.

The scenario involves a dispute over water rights in Texas, specifically concerning riparian rights versus prior appropriation. Texas law predominantly follows the prior appropriation doctrine, often summarized by the phrase “first in time, first in right.” This means that the first person to divert water and put it to beneficial use gains a senior water right. Subsequent users acquire junior rights. When water is scarce, senior rights holders are entitled to their full allocation before junior rights holders receive any water. In this case, Elara’s ranch has a long-established, permitted water right for irrigation dating back to 1955, making it a senior right. Mateo’s new development, which began diverting water in 2020, holds a junior right. During a period of drought, when the river flow is insufficient to meet all demands, the principle of prior appropriation dictates that Elara’s senior right must be fully satisfied before Mateo can draw any water for his development. Therefore, Mateo’s diversion is legally restricted until Elara’s needs are met, as per Texas Water Code provisions governing water rights allocation during shortages. The Texas Commission on Environmental Quality (TCEQ) is the state agency responsible for administering and enforcing these water rights.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. Article XVI, Section 59 of the Texas Constitution establishes the state’s authority to conserve and develop its natural resources, including water. The doctrine of prior appropriation, commonly known as “first in time, first in right,” is the foundational principle for surface water rights in Texas. This means that the first person to divert and use surface water for a beneficial purpose, and obtain a permit from the Texas Commission on Environmental Quality (TCEQ), has a superior right to that water compared to later users. Water rights are appurtenant to the land, meaning they are tied to the land and can be transferred with the land, but they are not inherently part of the land ownership itself. The Texas Water Code also outlines procedures for obtaining new water rights, amending existing ones, and the conditions under which water rights can be forfeited, such as non-use for a specified period or failure to comply with permit conditions. Beneficial use is a critical concept, requiring that water be used for a purpose recognized by law as contributing to the public welfare, such as irrigation, municipal supply, industrial use, or recreation. The Texas Water Code also addresses groundwater rights, which are governed by the rule of capture, a different legal doctrine. However, this question specifically pertains to surface water rights and the priority system.

The Texas Farm Products Liability Act (FPLA), codified in Chapter 101 of the Texas Civil Practice and Remedies Code, governs claims for damages arising from the sale of tangible goods by a producer. For a claim to be actionable under the FPLA, the plaintiff must demonstrate that the product was defective when it left the possession or control of the producer. This defect must be the proximate cause of the plaintiff’s damages. The Act specifically addresses claims for personal injury, property damage, and economic loss resulting from a defective product. A key element is the producer’s liability, which is strict liability for manufacturing defects, design defects, and marketing defects. However, the Act also outlines defenses available to producers, such as misuse of the product or assumption of the risk. In this scenario, the cotton farmer, as the producer of the cottonseed, is subject to the FPLA for any defects in the seed that caused harm to the rancher’s livestock. The rancher must prove that the cottonseed was defective when sold by the farmer and that this defect directly led to the livestock’s illness. The FPLA aims to balance the protection of consumers and agricultural producers by providing a framework for liability and recourse.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle for surface water rights in Texas. This means that the person who first appropriated water for a beneficial use has a superior right to that water over later appropriators. Water rights in Texas are generally acquired by obtaining a permit from the Texas Commission on Environmental Quality (TCEQ). A water right is considered real property and can be bought, sold, or leased. The Texas Water Development Board (TWDB) plays a role in water planning and financial assistance for water projects, but the permitting and enforcement of water rights are primarily the TCEQ’s responsibility. Riparian rights, which are common in other states and grant water rights to landowners adjacent to a water source, are not the primary basis for surface water rights in Texas, although they may be relevant in certain historical contexts or for groundwater. The Texas Constitution and statutes establish that all water in Texas is owned by the state.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. Under the prior appropriation doctrine, water rights are acquired by beneficial use and are maintained by the same. This means that the first person to divert water and put it to beneficial use has a superior right to that water over subsequent users. The Texas Commission on Environmental Quality (TCEQ) is the primary state agency responsible for administering these water rights. A water right is typically granted through a permit issued by the TCEQ, which specifies the amount of water, the source, the place of use, and the type of beneficial use. Transferring a water right requires approval from the TCEQ to ensure the transfer does not impair existing rights and that the new use is also beneficial. The concept of “beneficial use” is crucial and is defined by statute, generally encompassing uses that are productive and not wasteful. Agricultural uses, municipal supply, industrial processes, and domestic uses are all recognized beneficial uses. The doctrine of prior appropriation in Texas does not recognize riparian rights, which are common in some other states where landowners adjacent to a watercourse have rights to use the water. Instead, Texas law emphasizes the historical record of appropriation and beneficial use as the basis for water rights.

The Texas Water Code, specifically Chapter 11, governs the appropriation of state waters. When a landowner seeks to use surface water for agricultural purposes, they must obtain a permit from the Texas Commission on Environmental Quality (TCEQ) or, in certain instances, adhere to riparian rights principles established prior to the current appropriation system. However, the doctrine of prior appropriation, as codified in Texas, generally means that the first person to put water to beneficial use has the superior right. This system is not based on land ownership adjacent to the water source, but rather on the timing of the appropriation and the beneficial use of the water. For agricultural use, a permit typically specifies the amount of water, the source, the point of diversion, and the acreage to be irrigated. The permit holder must maintain beneficial use; failure to do so can lead to forfeiture of the water right. The question hinges on the legal mechanism for acquiring the right to use surface water for irrigation in Texas under the appropriation doctrine. Obtaining a permit from the TCEQ is the statutory requirement for establishing a new right to use state water for beneficial purposes, including agriculture, when riparian rights do not apply or have been superseded.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. While riparian rights, which are based on ownership of land adjacent to a watercourse, exist in some states, Texas follows a prior appropriation doctrine for surface water. This doctrine, often summarized as “first in time, first in right,” means that the first person to divert water and put it to beneficial use under a permit has the senior right to that water. The Texas Commission on Environmental Quality (TCEQ) is the primary state agency responsible for issuing and administering these water rights. Beneficial use is a key concept, meaning the use of water in a way that is economically justifiable and provides a social benefit, avoiding waste. Transferring water rights is possible through permits issued by the TCEQ, which can be amended or cancelled under certain conditions, such as non-use for a statutory period. The question asks about the fundamental principle governing surface water rights in Texas. The prior appropriation doctrine is the bedrock of this system. Riparian rights, while a recognized water law concept in other jurisdictions, are not the primary basis for surface water allocation in Texas. Groundwater law in Texas is complex and generally follows a rule of capture, but the question specifically addresses surface water. Permitting is the mechanism for acquiring and managing rights under prior appropriation, not the doctrine itself.

The Texas Water Code, specifically Chapter 11, governs the appropriation of water in Texas. Under the doctrine of prior appropriation, the first person to divert water and put it to beneficial use acquires a senior water right. Subsequent appropriators 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 system is often referred to as “first in time, first in right.” The Texas Commission on Environmental Quality (TCEQ) is the primary state agency responsible for administering water rights. The concept of beneficial use is crucial, meaning the water must be used for a purpose recognized by law as contributing to the public good, such as agriculture, industry, or municipal supply. Transferring water rights is possible, but it requires approval from the TCEQ to ensure no harm is done to existing senior water rights. The question scenario involves a farmer, Ms. Anya Sharma, who has a senior water right for irrigation in a drought-stricken region of Texas. Her right predates that of Mr. Ben Carter, who also holds a water right for irrigation. During a severe drought, the available water in the river is insufficient to meet the needs of all users. According to the prior appropriation doctrine, Ms. Sharma, as the senior water rights holder, has the legal entitlement to divert her full water allocation before Mr. Carter, the junior water rights holder, can take any water. This prioritization is a fundamental principle of water law in Texas.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle for surface water rights. This means that the person who first appropriated water for a beneficial use has a superior right to that water compared to later appropriators. Beneficial uses are defined by statute and include domestic, municipal, agricultural, industrial, and recreational purposes. Water rights are acquired through a permit system administered by the Texas Commission on Environmental Quality (TCEQ). A permit grants the holder the right to divert and use a specific amount of water for a designated purpose and location. Riparian rights, which are based on ownership of land adjacent to a watercourse, are not the primary basis for surface water rights in Texas, although they may have relevance in specific historical contexts or for groundwater. The concept of “due diligence” is crucial in maintaining an existing water right; failure to exercise due diligence in putting the water to beneficial use can lead to forfeiture of the right. Therefore, the appropriation system is the cornerstone of surface water management in Texas, prioritizing historical usage and beneficial application.

The Texas Property Code, specifically Chapter 23, addresses agricultural land valuation for property tax purposes. Section 23.51(1) defines “qualified open-space land” as land that is currently used for agriculture or has been used for agriculture for at least five of the preceding seven years and is being actively used for agriculture. The key distinction for agricultural use valuation is that the land must be actively devoted to agriculture. This means the land is being used in a manner that produces agricultural products or is supporting livestock in a way that is consistent with generally accepted agricultural practices in the region. The Texas Tax Code further elaborates on the types of activities that qualify, including cultivating the soil, producing crops, raising livestock, or poultry. Land that is merely held for speculation or is not actively managed for agricultural production, even if it has a history of agricultural use, would not qualify for the special valuation. The emphasis is on current, active agricultural use.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the fundamental principle for water allocation in Texas. This means that the person who first appropriates water and puts it to beneficial use generally has a superior right to that water over later appropriators. Water rights in Texas are considered private property rights, evidenced by a water right permit issued by the Texas Commission on Environmental Quality (TCEQ). A water right permit specifies the amount of water that can be used, the source of the water, the place of use, and the beneficial use for which it is granted. Transfers of water rights are permitted but must be approved by the TCEQ to ensure no impairment to existing water rights. The concept of riparian rights, where landowners adjacent to a water body have a right to use the water, is not the primary system for water allocation in Texas for surface water. While groundwater rights are often governed by the rule of capture, surface water rights are strictly based on prior appropriation and permits. Therefore, a farmer in Texas seeking to divert water from a river for irrigation purposes must obtain a water right permit from the TCEQ, demonstrating a beneficial use, and their priority date will determine their standing relative to other permit holders drawing from the same source.

The scenario involves a landowner in Texas who has granted a surface lease for oil and gas exploration. The lease includes a standard “Pugh clause,” which specifies that a lease terminates as to all lands covered thereby, except for those lands pooled or unitized with a producing well, at the expiration of the primary term. In this case, the primary term of the lease has expired, and while there is a producing well on a portion of the leased premises, the lessee has not commenced operations or production on the remaining undeveloped acreage, nor has this undeveloped acreage been pooled or unitized with the producing well. The Pugh clause is designed to prevent a lessee from holding vast amounts of undeveloped acreage under a lease solely by virtue of production from a small, pooled portion. Therefore, the lease acreage that is not pooled or unitized with the producing well, and on which no operations are being conducted, will terminate at the end of the primary term due to the operation of the Pugh clause. The Texas Railroad Commission’s rules regarding spacing and pooling are relevant to how units are formed and what constitutes sufficient production to maintain a lease, but the Pugh clause itself is a contractual provision that dictates lease termination beyond the commission’s minimum requirements for maintaining a lease. The lease will remain in force as to the acreage pooled or unitized with the producing well, as that portion is being held by production.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle for surface water rights. This means that the earliest established water rights have priority over later ones during times of scarcity. A water right in Texas is typically granted through a permit issued by the Texas Commission on Environmental Quality (TCEQ). These permits specify the amount of water that can be used, the source of the water, the purpose of the use, and the period of time for which the right is valid. Riparian rights, which are based on ownership of land adjacent to a watercourse, are generally not recognized for surface water in Texas, except for limited exceptions related to domestic and livestock use under certain conditions. Therefore, to determine the validity and priority of a water use claim, one must examine the existence and terms of a TCEQ-issued permit, not simply the proximity of the land to the water source.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle for surface water rights in Texas. This means that the person who first appropriated water for a beneficial use has the superior right to that water. Water rights are acquired by obtaining a permit from the Texas Commission on Environmental Quality (TCEQ). These permits specify the amount of water, the source, the point of diversion, and the beneficial use. The Texas Water Code also addresses riparian rights, but these are generally subordinate to prior appropriation rights for surface water. Groundwater law in Texas is governed by the rule of capture, which allows landowners to pump groundwater beneath their land without liability for draining neighboring tracts, though this is subject to limitations under the Texas Water Code, such as prohibiting waste or malicious intent. Therefore, when considering the acquisition of rights to surface water in Texas, the process is fundamentally tied to the permitting system established by the state, reflecting the prior appropriation doctrine.

The Texas Farm to School program, established under the Texas Agriculture Code, aims to connect schools with local agricultural producers. A key component of this program involves the procurement of locally grown food for school meals. The Texas Department of Agriculture (TDA) administers this program and provides guidelines for participation. When a school district in Texas decides to participate in the Farm to School program, it must adhere to specific procurement rules designed to prioritize local sourcing while ensuring food safety and cost-effectiveness. These rules often involve defining what constitutes “local” produce, typically based on geographic proximity or direct producer relationships. The program’s success hinges on understanding the interplay between state procurement statutes, federal child nutrition program requirements (like those from the USDA), and the practicalities of agricultural supply chains within Texas. The question probes the understanding of which governmental entity holds primary oversight and administrative responsibility for the implementation and regulation of this state-level initiative, differentiating it from federal mandates or county-level agricultural extensions. The Texas Agriculture Code explicitly designates the TDA as the lead agency for developing and overseeing programs that promote Texas agriculture, including the Farm to School initiative.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. Riparian rights, which are based on ownership of land adjacent to a watercourse, were historically the primary basis for water use in Texas. However, Texas transitioned to a prior appropriation system, often referred to as “first in time, first in right.” Under this system, water rights are acquired by putting water to beneficial use and obtaining a permit from the Texas Commission on Environmental Quality (TCEQ). The doctrine of prior appropriation means that the earliest water rights holders have priority over later ones, especially during times of scarcity. While riparian rights still exist in a limited capacity, they are generally subordinate to permitted rights. The concept of “beneficial use” is central to the prior appropriation system, requiring that water be used for a recognized economic or social purpose, such as agriculture, industry, or municipal supply, and that the use be reasonable and not wasteful. The Texas Constitution and statutes emphasize that all water in Texas is owned by the state and made available to citizens through a permit system. The transfer of water rights also requires TCEQ approval to ensure the new use is beneficial and does not impair existing rights.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation is the foundational principle for water rights in the state, meaning “first in time, first in right.” This doctrine dictates that the first person to divert water and put it to beneficial use has the senior water right. Subsequent rights are junior and are only satisfied after senior rights have been fully met. Permits are required for most surface water diversions and are issued by the Texas Commission on Environmental Quality (TCEQ). Groundwater rights are generally based on the rule of capture, allowing landowners to pump groundwater beneath their property, though this is increasingly subject to regulation through groundwater conservation districts. The question focuses on the legal framework for surface water rights. When a senior water right holder, who has a legally established permit for a specific beneficial use, experiences a shortage due to drought conditions, junior appropriators are the first to have their diversions curtailed. This curtailment ensures that the senior rights are honored. The concept of “beneficial use” is critical, as water rights are contingent on the water being used for a recognized purpose such as irrigation, industrial use, or municipal supply, and not wasted. The Texas Water Code outlines various beneficial uses. The TCEQ is the primary state agency responsible for administering surface water rights and enforcing the prior appropriation system. The question is designed to test the understanding of how water scarcity is managed under the prior appropriation doctrine in Texas.

The scenario involves a dispute over water rights between two agricultural operations in Texas. The core legal principle at play is the Texas doctrine of prior appropriation, which governs surface water rights. Under this doctrine, the first person to divert water and put it to a beneficial use has a superior right to that water compared to subsequent users. This right is established through a permit system administered by the Texas Commission on Environmental Quality (TCEQ). The amount of water a senior water right holder can claim is generally limited to the amount historically used for a beneficial purpose, not necessarily the full amount permitted if actual use was less. Junior water right holders can only use water that is available after senior rights have been fully satisfied. In this case, the rancher’s permit predates the farmer’s, establishing a senior water right. However, the rancher’s historical beneficial use of the water is critical. If the rancher historically used only 50 acre-feet annually for livestock watering, their senior right would be limited to that amount, even if their permit allowed for more. The farmer, as a junior appropriator, would then have a claim to any water remaining after the rancher’s senior right of 50 acre-feet is satisfied. The farmer’s argument that the rancher is hoarding water by not using the full permit amount is irrelevant to the senior right’s priority; the senior right is based on historical beneficial use, not on maximizing current usage. Therefore, the farmer’s ability to access water is contingent upon the rancher’s senior right being met, which is limited by the rancher’s historical beneficial use. The rancher’s claim is superior, but only up to their historical beneficial use, which is stated as 50 acre-feet per year.

The Texas Agricultural Diversion Program (TADP) is a hypothetical state-level initiative designed to incentivize farmers to strategically withdraw portions of their land from production for a specified period. This program aims to achieve several agricultural policy goals, including soil health restoration, water conservation, and biodiversity enhancement. Participants receive direct payments based on the acreage idled and the type of conservation practices implemented. The program’s eligibility criteria typically require that the land be used for agricultural production in at least two of the preceding five years and that the farmer adheres to specific environmental stewardship plans. The payment structure is often calculated using a base rate per acre, adjusted by factors such as the historical yield of the land, the intensity of the conservation practices, and the geographic region within Texas, reflecting varying environmental conditions and market demands. For instance, a farmer idling 100 acres in a water-scarce West Texas region might receive a higher per-acre payment than a farmer idling the same acreage in a more mesic East Texas region, assuming similar conservation measures. The program is administered by the Texas Department of Agriculture (TDA) and is subject to annual appropriations by the Texas Legislature. Enrollment periods are typically announced with advance notice to allow farmers to plan their crop rotations and financial projections. The program’s success is measured by metrics such as the total acreage enrolled, the improvement in soil organic matter, the reduction in water usage, and the return of native flora and fauna to the idled land. Understanding the foundational principles of such diversion programs, including their purpose, eligibility, payment mechanisms, and administrative oversight, is crucial for agricultural producers in Texas seeking to leverage these initiatives for economic and environmental sustainability.

The Texas Water Code, specifically Chapter 11, governs the appropriation of water in Texas. Article XVI, Section 59 of the Texas Constitution establishes the state’s ownership of all water and its right to conserve, control, and distribute it for the benefit of the state. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the fundamental principle. This means that the first person to divert and use water for a beneficial purpose under a permit from the Texas Commission on Environmental Quality (TCEQ) has a superior right to that water compared to subsequent permit holders. Beneficial use is broadly defined and includes agricultural, domestic, industrial, and recreational purposes. When water availability is insufficient to meet all authorized uses, senior water rights holders are satisfied before junior rights holders receive any water. This hierarchy is crucial in times of drought or scarcity, as it dictates the allocation of limited water resources. The TCEQ is responsible for issuing, amending, and enforcing water rights permits, ensuring compliance with the terms of the permits and the state’s water laws. The concept of “waste” is also important; the Water Code prohibits the wasteful use of water, and permits can be revoked or amended if waste is demonstrated.

The scenario describes a dispute over water rights in Texas, specifically concerning groundwater. The Texas Water Code establishes a framework for water rights, primarily based on the “law of capture” for groundwater. This doctrine generally permits landowners to pump as much groundwater as they can reasonably obtain from under their land, even if it depletes an adjacent landowner’s supply. However, this right is not absolute and is subject to limitations designed to prevent waste and malicious intent. Texas law prohibits wasteful use of groundwater, which can include allowing water to escape from the landowner’s property or using it for a purpose that causes its unnecessary dissipation. Furthermore, malicious intent, meaning pumping solely to harm an adjoining landowner without a beneficial purpose, is also a recognized exception to the law of capture. In this case, the neighbor’s extensive pumping for a new golf course, while potentially within the bounds of the law of capture if for a beneficial use and not wasteful, becomes problematic if the primary intent is to deprive the original landowner of their water supply and the use itself is deemed excessive or not genuinely beneficial in the context of preventing harm. The Texas Supreme Court has recognized that while the law of capture is broad, it does not grant an unlimited right to groundwater, and unreasonable or malicious waste can be grounds for legal action. Therefore, the neighbor’s actions, if proven to be solely for the purpose of harming the original landowner and constituting an unreasonable waste, could be actionable under Texas water law, even with the law of capture in place. The core legal principle at play is the balance between a landowner’s right to utilize groundwater and the prohibition against malicious waste that unduly harms others.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the foundational principle for surface water rights in Texas. This means that the person who first appropriates water and puts it to beneficial use has a superior right to that water over later appropriators. Beneficial use is defined by statute and includes uses such as agriculture, industrial, municipal, and domestic. Water rights are acquired through a permit system administered by the Texas Commission on Environmental Quality (TCEQ). A permit grants the holder the right to use a specific amount of water for a specific purpose and from a specific source. In times of shortage, senior water rights holders are entitled to receive their full allocation before junior rights holders receive any water. This hierarchy is crucial for understanding water allocation disputes and management in Texas. The concept of riparian rights, common in many other states, is largely absent in Texas for surface water, replaced by the prior appropriation system. Groundwater rights in Texas are governed by the rule of capture, which allows landowners to pump unlimited amounts of groundwater from beneath their land, subject to certain limitations to prevent waste or malicious intent, but this question pertains to surface water rights.

The Texas Water Code, specifically Chapter 11, governs water rights in Texas. Article XVI, Section 59 of the Texas Constitution establishes the state’s authority to conserve and develop its natural resources, including water. The doctrine of prior appropriation, often referred to as “first in time, first in right,” is the fundamental principle for water rights in Texas. This means that the person who first put the water to beneficial use and obtained a permit for it has a superior right to that water over subsequent permit holders. In times of shortage, senior water rights holders are entitled to their full appropriation before junior rights holders receive any water. Beneficial use is a critical concept, meaning the use of water in such a manner as not to be wasteful and to produce results that are of economic or public value. The Texas Commission on Environmental Quality (TCEQ) is the primary state agency responsible for administering water rights, issuing permits, and enforcing water laws. Water rights are considered real property interests and can be bought, sold, or leased, subject to the terms of the permit and state law. A water right is appurtenant to the land described in the permit, meaning it is tied to that specific land for the authorized use. The riparian doctrine, which grants water rights to landowners adjacent to a watercourse, is not the primary system for surface water allocation in Texas; instead, prior appropriation governs.

The Texas Water Code, specifically Chapter 11, governs the appropriation of water in Texas. The doctrine of prior appropriation, often referred to as “first in time, first in right,” dictates that the earliest water rights holders have priority over later ones during times of scarcity. A water right in Texas is a legal right to impound, store, or use state water. To acquire a new water right, an applicant must file a permit application with the Texas Commission on Environmental Quality (TCEQ). The TCEQ then reviews the application to ensure it meets statutory requirements, including demonstrating that the proposed use is for a beneficial purpose and will not impair existing water rights or the public welfare. If the application is approved, a permit is issued, which specifies the amount of water, the source, the type of use, and the terms and conditions. Water rights are considered real property and can be sold, leased, or inherited. The concept of “beneficial use” is central to Texas water law, meaning the use must be for a purpose that is economically or socially useful and not wasteful. For instance, irrigation, municipal supply, industrial cooling, and hydroelectric power generation are generally considered beneficial uses. The question revolves around the process of obtaining a new water right, which involves a formal application and approval by the TCEQ, rather than simply claiming ownership or using water without authorization. This process ensures that water resources are managed effectively and that the rights of existing users are protected.

The Texas Water Code, specifically Chapter 11, governs the appropriation of surface water. Article XVI, Section 59 of the Texas Constitution establishes the state’s right to conserve and develop its natural resources, including water. Under the prior appropriation doctrine, water rights are acquired by beneficial use and are maintained by continued beneficial use. The concept of “due diligence” is crucial in maintaining an existing water right if it is not being fully utilized. Texas law requires that a holder of an acquired water right demonstrate due diligence in putting the water to beneficial use within a specified period, typically five years, to prevent forfeiture. Failure to demonstrate due diligence can lead to the forfeiture of the unused portion of the water right. The Texas Commission on Environmental Quality (TCEQ) is the primary state agency responsible for administering water rights. When a water right holder fails to demonstrate due diligence in using their appropriated water, the TCEQ may initiate a proceeding to determine if forfeiture has occurred. The burden of proof to demonstrate due diligence generally rests with the water right holder. This involves showing continuous efforts to apply the water to a recognized beneficial use, even if the actual use was temporarily interrupted due to factors beyond the holder’s control, provided reasonable efforts were made to resume the use.

The Texas Agricultural Diversion Act (TADA) governs water rights and diversions in Texas, particularly concerning agricultural use. A key aspect of this act involves the determination of a “reasonable and equitable” share of water for agricultural purposes, considering factors such as the historical use of the water source, the needs of other users, and the overall availability of water. When a new agricultural enterprise seeks to divert water, they must demonstrate that their proposed diversion will not unduly harm existing water rights holders or deplete the source beyond sustainable levels. This often involves obtaining a permit from the Texas Commission on Environmental Quality (TCEQ) or the relevant river authority, which will assess the application against established criteria. The concept of “beneficial use” is central, meaning the water must be used for a purpose that is recognized as productive and for the public good. For agricultural operations, this typically includes irrigation of crops or livestock watering. The TADA also acknowledges the interconnectedness of surface water and groundwater in many Texas basins, and regulations may require consideration of these interactions. Furthermore, the Act addresses potential conflicts arising from competing demands, such as those between agricultural users and municipal or industrial users, by outlining a framework for adjudication and dispute resolution. The process of securing water rights for agricultural diversion is complex and requires a thorough understanding of Texas water law and the specific regulations pertaining to the water source in question.

The scenario presented involves a dispute over water rights in Texas, specifically concerning the riparian doctrine and its application to agricultural use. In Texas, the dominant water law is prior appropriation, often referred to as the “law of capture” or “first in time, first in right.” This doctrine grants water rights to those who first divert and put the water to beneficial use, irrespective of land ownership along the watercourse. Riparian rights, which are tied to ownership of land adjacent to a watercourse and grant a right to reasonable use of the water, are generally not recognized in Texas for surface water, except in limited historical contexts or specific statutory exceptions not applicable here. Therefore, a landowner whose property is downstream but who has an established, legally recognized water right for agricultural irrigation, acquired through appropriation, would have a superior claim to the water than a landowner whose property is upstream but lacks such a prior appropriation permit. The Texas Water Code governs water rights and permits, and the Texas Commission on Environmental Quality (TCEQ) is the primary regulatory body. The question tests the understanding of which legal doctrine governs water use in Texas for agricultural purposes and how it prioritizes claims. The correct answer hinges on the recognition of prior appropriation as the governing principle, meaning the earliest established beneficial use for irrigation, regardless of upstream or downstream location, takes precedence.