What is riparian doctrine?

by The Brazos River Authority

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.

 

 

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1/6/2012 12:50:47 AM #

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The Brazos River Authority was created by the Texas Legislature in 1929 as the first state agency in the country with the purpose of developing and managing the water resources of an entire river basin. Today, the Authority develops and distributes water supplies, provides water and wastewater treatment, monitors water quality, and pursues water conservation through public education programs. Although the Authority is an agency of the state, it does not levy or collect taxes and is entirely self-supporting.

 

The information provided on this site is intended as background on water within the Brazos River basin. There should be no expectation that this information is all encompassing, complete or in any way examines every aspect of this very complex natural resource. 

 

We invite you to post comments and expect they will be made in good taste. The Authority reserves the right to reject or remove any comment that is not constructive in the education of the general public on issues regarding water in the Brazos basin.