10/27/2026
Owning land in Texas doesn't necessarily mean you own all the water rights associated with it.
With water becoming an increasingly important topic across Texas, here's a little landownership refresher that I thought was worth sharing!
In Texas, water ownership and usage rights depend on the type of water we're talking about.
Groundwater: Generally belongs to the surface landowner unless those rights have been separately conveyed. However, groundwater conservation districts can regulate how it's used.
Surface Water: Water in Texas rivers, natural streams, and lakes is generally owned by the state. Certain uses, including qualifying domestic and livestock uses, may be exempt from permitting requirements.
Rainwater & Runoff: Rainwater runoff that hasn't entered a natural watercourse is generally considered the landowner's property and may be collected, subject to applicable laws.
Produced Water: Here's where it gets interesting! In June 2025, the Texas Supreme Court ruled that water brought to the surface as a byproduct of oil and gas production belonged to the oil and gas operator under the leases involved in the case, rather than the surface owner.
So why does this matter in real estate?
Because buying land isn't always as simple as purchasing what's inside the fence line. Water rights, mineral reservations, existing leases, and local regulations can all affect what you're actually purchasing and how you can use it.
Whether you're buying five acres or five hundred, understanding those details matters!
Water rights vary by property, applicable agreements, and regulations.
Taylor Shelton
Farm & Ranch • Residential • Coastal
830.556.7238
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