Water Permits & Rights
In the last century, Texas has suffered a handful of devastating droughts. In the last decade, they have increased in both frequency and severity, and projections of population growth demonstrate that scarcity may soon become dire without preventative measures. As such, the state currently puts more effort into water regulation and planning than any other government in the nation.
So how does scarcity and government regulation affect your water rights? At McPherson Law Firm PLLC, we devote our time and resources to understanding this relationship and working it to our clients’ advantage. We can help you apply for the appropriate permits, advocate for your rights, and prevent neighboring landowners and agencies from inhibiting your access.
Protecting Your Water Rights in Texas
Texas recognizes two types of water: groundwater and surface water. Navigating groundwater rights is particularly challenging because, in Texas, groundwater is privately owned. At times, these rights have clashed with federal water conservation efforts.
Disputes among Texas landowners are exceedingly common as well. A new trend is for landowners to sever water rights from their land, either by reserving them in a sale or transferring them separately. Consequently, buyers should no longer assume water rights come with the land.
Furthermore, documenting the severance of water rights is very different from documenting oil and gas severances. We can assist you with this documentation, as well as with interpreting existing arrangements to ensure your purchase or sale aligns with your goals.
Texas Water Permits and Applications
Because surface water is publicly owned, you will most likely need to acquire certain permits if you intend to use it. Applications may take up to 300 days, and the Texas Commission on Environmental Quality will only distribute permits if your intended water use adheres to environmental regulations. Due to these obstacles, we encourage you to seek counsel and begin this process as soon as possible.
You may be exempt from permit requirements if you are using surface water for:
- Domestic and livestock purposes
- Wildlife management
- Certain emergencies (e.g. fires)
No matter your intended use, Mr. McPherson has the experience needed to help you acquire necessary permits and protect your water rights both today and tomorrow.
Put 30+ Years of Experience in Your Corner
With a background in business administration, real estate, and environmental law, our attorney is uniquely qualified to help you defend your water rights and successfully apply for the permits you need. Complying with ever-changing environmental law can be a serious undertaking, and we want you to benefit from our decades of experience and highly focused legal skills.