ABSTRACT
Texas water law reflects a confluence of geology, history, drought, and politics. This confluence has resulted from an evolutionary rather than revolutionary adaptation process that contributes to the state’s legislative uniqueness. In many ways, Texas law is out of sync with the hydrologic interconnectedness of water. It is based on the three geologic containers for water: (1) surface water in lakes, rivers, and streams; (2) diffused (drainage) surface water; and (3) percolating groundwater. A different set of laws governs the allocation system and ownership in each container. Basically, surface water is state owned and allocated under the prior appropriation doctrine, groundwater is privately owned and allocated under the capture rule as modified by local groundwater conservation districts, and diffused surface water is privately owned so long as it remains in a diffused state. However, when diffused surface water enters a natural watercourse, it becomes state property subject to the prior appropriation doctrine. 1
