Experienced Attention to Your Water Rights Concerns
As a landowner in Texas, you are afforded several rights relating to standing water on your property. Whether your land contains surface water, groundwater or drainage water, you have the right to protect these bodies from outside influence or trespass. When facing water rights concerns, you may be well served to consult an experienced lawyer for the advice you need to find resolutions.
At Brooks & Brooks, P.C., our attorneys leverage their experience in Texas water rights law to help clients throughout Amarillo and the Texas Panhandle. Our knowledge of various water rights issues allows us to offer advice on the different bodies of water commonly found on or under private land.
Contact our office online or call 806-371-FIRM (3476) or 866-864-6413 to schedule a free consultation to discuss your water rights concerns.
Detailed Groundwater Advice
Typically belonging to the owners of the land above it, groundwater may be used or sold as private property. Some regulation of groundwater was established with the Texas legislature's establishment of underground water conservation districts. These districts generally have the authority to promulgate rules for conserving, protecting, recharging and preventing waste of underground water. We can help people through the permitting process with the local conservation district.
There are five situations in which a Texas landowner can take legal action for interference with his or her groundwater rights:
- If an adjoining neighbor trespasses on the land to remove water either by drilling a well directly on the landowner's property or by drilling a "slant" well on adjoining property so that it crosses the subterranean property line, the injured landowner can sue for trespass.
- There is malicious or wanton conduct in pumping water for the sole purpose of injuring an adjoining landowner.
- Landowners waste artesian well water by allowing it to run off their land or to percolate back into the water table.
- There is contamination of water in a landowner's well. No one is allowed to unlawfully pollute groundwater.
- Land subsidence and surface injury result from negligent over-pumping from adjoining lands.
Comprehensive Surface Water Guidance
Surface water generally belongs to the state of Texas. It can be used by a landowner only with the state's permission. Texas water law will continue to evolve as the conditions of society, politics, populations and economics change.
It takes a knowledgeable professional intimately familiar with Texas water law to navigate through these issues and obtain a favorable outcome for you. We will apprise you of your options for obtaining permits to use bodies of surface water.
Addressing Drainage Water Concerns
Once the water flows into a clearly defined watercourse, it is claimed by the state and is subject to appropriation. On its way to the watercourse, drainage water often flows across privately owned lands. In such cases the water does not automatically become the property of the landowners, although they may capture and use it.
Legal problems arise when a landowner interferes with the natural flow of drainage water by capturing and holding the flow or by diverting or increasing it. There are three general rules of law that apply when diffused surface water is captured or diverted, including:
- Common enemy rule
- Natural flow or civil law rule
- Reasonable flow
We offer detailed and knowledgeable advice on these issues, and strive to help you find the resolutions you need when facing various water related proceedings.
Contact our office online or call 806-371-FIRM (3476) or 866-864-6413 to schedule a free consultation to discuss your water rights concerns.