Water rights or a water permit is granted by the state in set increments to ensure that water is available for all in need.  

There are several types of water rights in Texas: perpetual rights including permits and certificates of adjudication and limited rights including temporary and term permits.  

Interruptible water is water available for contract sale for a specific period, normally a year-to-year basis.  This water is available based on the amount of water in reservoir storage.  Interruptible water is subject to restricted use during water shortages.

The Brazos River  Authority is permitted to sell water to any organization within the basin for the purposes listed in the organizations water permit from the state.  These purposes are: municipal, industrial, agricultural, and mining.  Outside the Brazos River basin, legislation must be passed to allow an interbasin transfer of water to another river basin.

The Brazos River Authority has obtained the right to provide up to 705,000 acre-feet of water basin-wide from the 11 system reservoirs and the rivers within the watershed. This right was obtained through a standard water permitting process set by the Texas Commission on Environmental Quality (TCEQ) and its predecessor agencies and through contractual negotiations.  The Authority has contracted for sale 700,000 acre-feet of water.

Also called a public water system, a municipal water system is an organization that provides drinking water to at least five service connections or regularly serves 25 individuals for 60 days.

The category of mining water use refers to water used in the process of quarrying rocks and extracting minerals from the land.

Consumptive use is water that has been removed from its immediate environment, including water that has evaporated, has been incorporated into products or crops or consumed by humans or livestock.

An interbasin transfer is the sale of water from one river basin to another. This type of transaction requires the state to pass legislation before it can take place. The Authority has Interbasin Transfer Agreements with the Lower Colorado and Trinity River Authorities.

No one can impound the waters of the State of Texas without permission from the state, as expressed through the issuance of a water right or water permit.  A property owner, even if they own both sides of a stream, may not be able to build a dam on that stream without first seeking the permission of the state.  If you are planning on building a lake, it is best that you check with the Texas Commission on Environmental Quality (TCEQ) and let them know your plans.

“Bed and banks” permits are required to be obtained from the TCEQ for the conveyance of water in a watercourse for subsequent diversion (less carriage losses such as evaporation, transpiration, seepage, etc.) and use.

In Texas, surface-water rights are governed by duel doctrine that take widely differing approaches: riparian and appropriation. Riparian doctrine was introduced to Texas more than 200 years ago during the Spanish colonial period and has since incorporated elements of English common law.

Under this doctrine, property owners have a right to draw water from a stream or water body that crosses or borders their land. They are allowed to take water for a reasonable use and are protected against unreasonable use by others. The right has an emphasis on use of natural flow, meaning the rights cannot be claimed for long-term storage, such as a reservoir. These rights allow only for smaller-scale use on the property, such as irrigation, and the water is not to be transferred to land that is not adjacent to the stream.

Return flow is water that has been diverted for a non-consumptive use and is returned to its source.

Indirect re-use is the use of treated wastewater for beneficial re-use taken after the wastewater has been discharged to a watercourse.

Direct reuse is the use of treated wastewater for beneficial re-use.  Direct re-use is taken directly from a wastewater treatment plant via pipeline and is not discharged to a watercourse.

Conjunctive use is the coordinated management of surface water and groundwater supplies to maximize the yield of water resource.

The US Army Corps of Engineers (Corps) operates eight flood control reservoirs within the Brazos River basin that, through a contract with the federal government, also serve as water supply impoundments for the Brazos River Authority system of reservoirs.

Lakes Proctor, Whitney, Aquilla, Belton, Stillhouse Hollow, Georgetown, Granger, and Somerville store water for use by municipal, agricultural, industrial and mining use.

Similar to the Authority’s three water supply reservoirs, water contracts are available to lakeside owners for the purpose of watering lawns and livestock. These contracts are available through the Brazos River Authority with approval by the Corps of Engineers.

Allens Creek Reservoir is a planned water storage lake permitted for construction on Allens Creek, a tributary of the Brazos River, in Austin County. The permit to build the lake was originally issued to Houston Lighting and Power (Reliant Energy) in 1974 by the Texas Natural Resource Conservation Commission, now known as the Texas Commission on Environmental Quality (TCEQ).

The reservoir was originally to have served as a cooling lake for a nuclear power plant. When Reliant Energy abandoned plans to construct the nuclear power plant at the Allens Creek site in the 1980s, the property was purchased by the City of Houston and the Brazos River Authority with the purpose of building a water storage reservoir.

The new reservoir will provide water to meet the future needs of the City of Houston and surrounding communities. When complete, the reservoir will supply 92,000 acre-feet of water supply and access to water recreation for the area. Swimming, boating, fishing and camping facilities will be available to the general public. Construction is expected to begin by 2018.

Unappropriated water is the state water remaining in a watercourse that is available for appropriation (ie permitting) under the rules of TCEQ.  Or in other words, it is the amount of water that could be available for use from a water source after all existing water rights have been fully taken into account.

Over the past 200 years of Texas history, the state has experienced several different laws governing the use of surface water.  These differing laws often created conflict in water rights claims.  In 1967, the Texas Legislature directed the predecessor agency of the Texas Commission on Environmental Quality (TCEQ) to clarify this system and classify Texas water rights by Certificates of Adjudication.  These certificates were each assigned a priority date based on when the water use first occurred.

A temporary permit is a water permit issued by the State of Texas for a period of up to three years.  These permits are usually used for road construction projects, mining, or agricultural irrigation.  

A term permit is a water permit issued by the State of Texas usually to industry, mining or agricultural enterprise for a specific amount of water that will be available for specific amount of time (usually 10 years).  This permit does not have a priority date nor is it considered to be a property right and is subject to non-renewal or cancellation at the end of the term.  

The Texas Water Code allows water permitting in a “first in time; first in right” basis.  This practice establishes a place in line for water users with the earliest permits being guaranteed priority to take water.  This date is important as it determines who has junior and senior water rights.

A perpetual water right (also called a Certificate of Adjudication) is a permit issued by the State of Texas that does not have an expiration date.  It specifies a volume of water that may be used on an annual basis.  This water may be used for consumptive purposes or may be stored and consumptively used on an annual basis.

The permit specifies a priority date for use but does not guarantee that water will always be available.  Perpetual rights are considered property interests and may be bought, sold or leased. 
 

Other specified uses as stated as a water permit exemption in the State of Texas refers to the less-common water uses such as water in fish or shrimp farming, in drilling for oil and for sediment control in surface coal mines.

Emergency use of water is an exemption to the state’s water rights permitting that allows counties and rural fire departments to draw water from surface water sources in the event it is needed for an emergency situation.

Domestic and Livestock use is available only to those whose property adjoins a stream or river.  This use is for water utilized by livestock, household needs and to irrigate a yard or home garden.  This same exemption to Texas water rights allows property owners to impound or store water in stock tanks on larger than 200 acre-feet of storage volume.

Yes, there are exceptions to the need for a surface water permit or contact to access water in Texas.  The Texas Water Code states four “exempt uses” under which water may be made available without the need for a permit or contract.  These are domestic and livestock use, wildlife management, and emergency use. 

Yes, permission is required in order to ensure that there is enough water for all in need.  The state has established procedures and requirements for obtaining access to state surface water.  Water use may be sought through application for a state permit through the Texas Commission on Environmental Quality (TCEQ) or through the contract purchase of water from an already permitted entity. 
  
The Brazos River Authority holds numerous state issued permits for water use and provides this water to others through water contracts.

Surface water in Texas is owned by the state and held in trust for the citizens of Texas.  The state grants the right to use water to public and private interests, industry, businesses, cities and farmers or ranchers.

Water planning in Texas is the process where officials take a long-term look at Texas’ water needs and how to meet them. The current method of water planning stems from the passage of Senate Bill 1 by the 75th Texas Legislature in 1997. This bill set as its goals providing for the development, management and conservation of water resources and preparation for responding to drought conditions.

The planning process takes place to ensure that sufficient water will be available for reasonable cost for public health, safety and welfare. It is also designed to further economic development and protect the state’s agricultural and natural resources.

The planning process is designed to work from the bottom up, with local groups determining needs for their specific areas that are then incorporated into plans for 16 regional groups within the state. These groups submit their plans to the Texas Water Development Board, which is tasked with developing a statewide plan.

Senate Bill 1 also called for local groundwater districts to develop plans to provide for the most efficient use of groundwater, control subsidence and address conjunctive use of surface water issues and natural resource issues. These plans are also incorporated into the state water plan.

Three regional planning areas overlie the Brazos River basin:  Region C in the upper Plains area, Brazos G in Central Texas, and Region H in the southern portion of the basin. To view the latest state water plan, go

Effluent is the water that leaves a sewage treatment plant after it has been treated.

Desalination is the process of removing dissolved minerals (including TDS, chlorides, and others) from water to produce potable water for human consumption or fresh water for industrial use. The two most popular methods are thermal and membrane technologies.

In the thermal process, salty water is heated to make vapor, which is condensed and collected as fresh water leaving the minerals behind. Membrane processes use high pressure to filter water through permeable membranes which filter out salts, producing  fresh from the filter.

The Authority uses reverse osmosis as part of the treatment process at the Lake Granbury Surface Water and Treatment System, one of the few such plants in the nation used to desalinate (or desalt) inland water. The process is necessary because of high concentrations of dissolved minerals in the naturally occurring deposits in the upper reaches of the Brazos basin.
  

Water rights are issued by the State of Texas with a small annual fee necessary to pay the costs of the permitting program at the issuing agency.  In many cases the State of Texas has created special districts, such as the Brazos River Authority, to develop and manage surface water supplies. 

The cost of building and maintaining dams and reservoirs, and all the other costs for managing water supplies, is not paid by the state and is not supported by any tax revenue.  The revenue to pay those costs is covered by the sales price of water. 

Water is not provided free of charge to the general public due to costs associated with the process of collecting, treating, transporting, and overseeing water quality and quantity.  There are costs associated with water availability whether surface or ground water is the source.

In Texas, a water supply permit is an authorization from the state to use surface waters for a beneficial use.  Water supply permits are granted by the Texas Commission on Environmental Quality.  In some counties, groundwater districts are authorized to issue water supply permits for the use of groundwater. 

An off-channel reservoir is a water supply lake built next to or near a river.  Off-channel reservoirs are considered by some to be environmentally friendly, lessening the impact on fish and other wildlife by avoiding the need to place a large dam directly on the main stem of the river.

An example of an off-channel reservoir is the Brazos River Authority’s planned and permitted Allens Creek Reservoir, near Houston. For more information about Allens Creek, click here.

As the name implies, water supply lakes are built primarily to provide a place to store water for Texas residents, communities, businesses, agriculture, industry and others who all depend on water to survive and thrive. Such lakes are especially vital during periods of drought, when other sources of water may be limited.  Many of Texas’ flood control lakes serve a secondary purpose as a water storage facility.  However, reservoirs designed for water supply, do not necessarily also provide flood control.

Water supply lakes within the Brazos River Authority system are lakes Possum Kingdom, Granbury and Limestone.  Flood control lakes that also provide water supply for the Brazos basin include lakes Somerville, Proctor, Stillhouse Hollow, Belton, Georgetown, Granger, Aquilla and Whitney.

Beneficial use represents the amount of water necessary when reasonable intelligence and diligence are used for a stated purpose authorized by a water rights permit. Such uses include watering crops, municipal, mining, and industrial use.

Benficial use results in a gain or benefit to the user and society, which is consistent with state law. Most states recognize the following uses as beneficial: domestic and municipal, industrial, irrigation, mining, hydroelectric power, navigation, stock raising, wildlife, and game preserves, public parks and recreation.

Water supply refers to the amount of water stored and available for consumption by municipalities, agriculture and industry.

To overdraft a lake, aquifer or basin is to draw water out faster than the water can be replenished by rain, runoff or percolation.  Overdraft may also refer to an use of the permitted yield of a reservoir.

This doctrine has its roots in the 1800s, when Texas officials determined riparian doctrine did not address the needs of more arid parts of the state. Since the late 19^th century, land acquired from the state has used prior-appropriation doctrine instead of riparian when considering water rights.

Under this approach, water rights are based on seniority.  In other words, one’s water rights are based on the date one applied for the right, with older claimants having seniority. However, those pre-existing riparian water rights are also recognized by the state.

Water rights in Texas are complicated.  They date back to Spanish colonial law, but also include influences from English common law, a history of state legislation as well as judicial decisions. Water rights in Texas are further complicated because ground and surface water rights are approached differently. Generally, water rights law determine who can use water, how much may be used and for what purpose.

Different laws for surface water use have led to conflicting claims over time. In 1967, the Texas Legislature directed a predecessor of the Texas Commission on Environmental Quality to settle claims. The agency looked at all claims and issued certificates of adjudication for those they approved. Each was assigned a priority date that determined the claimant’s seniority for water rights.

Senior rights have an earlier priority date and claimants who hold them have a higher priority to divert water from a stream or water body than those with more junior rights. However, in times of scarcity, when there is not enough water to meet demand in a basin, those who need water for domestic and livestock use have first right to water, regardless of one’s priority date.

After domestic and livestock needs are met, those with senior water rights can insist diversions by those with junior water rights upstream be reduced or suspended until their senior rights are met downstream.

The Texas Water Code provides for water permitting in a “first in time; first in right” basis.  This practice establishes a place in line for water users with the earliest permits being guaranteed priority to take water over those with more “junior” permits.  This date is important as it determines who priority to divert and use water first.

 A drought of record is the worst recorded drought since compilation of meteorologic and hydrologic data began.  In terms of severity and duration, the devastating drought of the 1950s is considered the drought of record for many areas in the Brazos River basin. This drought lasted a decade in many places and covered much of the nation, including all of Texas.  In 2008-2009, some parts of the state recorded a new drought of record.