Protecting Your Water and Your Rights
Long ago Mark Twain fairly observed, “whiskey is for drinking, water is for fighting.”
Protecting water is one of the most critical and most complex areas of law in Texas.
Unfortunately, Texas law does not match the reality of water science.
Texas water law is a patchwork of conflicting laws. Three lawyers can present three very starkly conflicting legal arguments, and all three can be fairly and correctly presenting Texas water law.
In very general terms, water on the surface of land is owned by the State of Texas. So, Texas state law controls surface water, but federal law also controls the use of surface water. Water flowing in seasonal streams, creeks, and rivers and in adjacent wetlands is classified as “waters of the United States,” and regulated through federal law.
Water below the surface is known as “groundwater” and owned by the landowner. In some areas of the state, landowners can pump as much groundwater from a well as they wish without any restrictions or even any responsibility if the excessive pumping causes a neighbor’s well to go dry. Other areas in the state are in groundwater conservation districts, which regulate how much can be pumped in order to protect groundwater supplies.
Jeff has experience representing neighbors fighting to oppose large groundwater pumping permit applications. Jeff has successfully represented some of the largest ranches in Texas in fighting to protect their rights to river water flowing through their ranches.
Get A Legal Consultation On Your Water Rights Matter
Attorney Jeff Mundy of The Mundy Firm PLLC can help you navigate your water rights issue with confidence. For an evaluative consultation, call him at his Austin office at 512-746-1315. He helps clients from across the entire state of Texas.