Who owns the surface water in the State of Texas?

In Texas, the ownership of surface water is governed by the principle of "prior appropriation," and it is treated as a resource held in trust for the public by the state. This means that while individuals can have water rights that allow them to use surface water, the actual ownership is held by the state government.

This arrangement ensures that water resources are managed effectively and sustainably for the benefit of all residents, recognizing that surface water is a vital resource that impacts ecosystems, agriculture, and urban needs. The state issues permits and regulates the use of surface water, reflecting its commitment to managing this resource responsibly.

The notion that the landowner or any individual can claim ownership of surface water directly contradicts this system, as individual use is contingent on permits issued under state authority. Hence, the correct understanding of surface water ownership in Texas aligns with the state's role as the managing entity.