Decoding Water Law

Abstract

Texas water law is not a model of clarity. As a body of law, it is riddled with jargon, double-meaning, and esoteric context that can sometimes read and work like a Rube Goldberg device. Landowners not trained in the dark arts of Texas water rights and regulation are often (rightfully) frustrated with attempts to understand, exercise, market, and simply explain one of the most important property rights in Texas agriculture. Fear not. While not a categorical truth, much of Texas’ water law can be translated into a language that is helpful to those involved in Texas agriculture. The authors give no guarantee that this Article will be a precise decoder ring for growers, ranchers, lenders, brokers, and the like, but hopefully it will be useful to these important groups, nonetheless. This Article will include quick tips for ag practitioners dealing with water law issues in Texas. While each one of these topics could be a paper in itself, the topics will conclude with links/resources for additional information.