Water Rights and Water Use During Drought
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
63.001 71.001
Chapter 30, Texas Administrative Code, Section 297.1
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
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 
.
Back to topWhat 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.
Where can I find more information about water rights?
Surface Water Rights and Availability
Water rights in Texas, water conservation plans, drought contingency plans, environmental flows, and ensuring compliance.