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Water Rights and Water Use During Drought

Answers to common questions about water rights and water use, who may be exempt such as domestic and livestock users, how to find out who has a water rights permit, and information about priority dates, junior and senior rights, and the Prior Appropriation Doctrine.

Is my neighbor permitted to take water out of the stream?

A person may only take (divert) water from a state water course if they have a permit or the diversions are exempt from permitting requirements. A person is exempt from the permitting requirements if they live adjacent to a state watercourse (riparian) and they are using the water for domestic and livestock purposes.

What are domestic and livestock purposes?

Domestic Use

The use of water by an individual or a household to support domestic activity including:

drinking, washing or culinary purposes
irrigation of lawns, or of a family garden and/or orchard
watering of domestic animals
water recreation including aquatic and wildlife enjoyment

If the water is diverted it must be diverted solely through the efforts of the user.

Domestic use does not include water used to support activities for which consideration is given or received or for which the product of the activity is sold.

Livestock Use

The use of water for:

open-range watering of livestock, exotic livestock, game animals or fur-bearing animals

For purposes of this definition, the terms livestock and exotic livestock are to be used as defined in 142.001 of the Agricultural Code Exit the TCEQ 63.001 71.001

Chapter 30, Texas Administrative Code, Section 297.1 Exit the TCEQ

Are there other uses that are exempt from the permitting requirement?

Other exemptions from the permitting requirement are less common. They can be found in Section 11.142 of the Texas Water Code Exit the TCEQ

Can you send someone out to look at the creek, pond, etc.?

If you have any questions about the enforcement of water rights, contact your watermaster or region office Adobe Acrobat PDF Document .

What is the Prior Appropriation Doctrine? What are senior and junior rights?

The Prior Appropriation Doctrine can be summed up by first in time, first in right. The first water rights (senior water rights) must be satisfied before the later water rights (junior water rights). If curtailment of water becomes necessary, junior water rights may be curtailed.

What is a priority date?

The priority date of a water right establishes a place in line of junior and senior water rights. It is the determining factor when water rights are cut back or curtailed in times of shortage, regardless of the type of use of a permitted right.

How do I find out whether someone has a water rights permit and if so, what their priority date is?

See the regularly updated data files of all active and inactive water rights, including priority dates, or you may contact the Water Rights Permitting team at 512-239-4691 for assistance.

What is a term or temporary water right?

We may also issue term or temporary permits in some basins. Term permits are issued to use appropriated but unused water for a defined period. Temporary permits are issued to use surplus water during wetter times for a period of 3 years or less. In drought or other shortage, these water rights are the first to be curtailed.