A permit is generally required for the appropriation and or
impoundment of state water. There are some exemptions from the
permitting requirement, the most common being for domestic and
livestock use which is discussed below.
| 1. |
What is the definition of state water? |
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The water of the ordinary flow, underflow, and tides of every
flowing river, natural stream, and lake, and of every bay or arm of
the Gulf of Mexico, and the stormwater, floodwater, and rainwater
of every river, natural stream, and watercourse in the state. State
water also includes water which is imported from any source outside
the boundaries of the state for use in the state and which is
transported through the bed and banks of any navigable stream
within the state or by utilizing any facilities owned or operated
by the state. Additionally, state water injected into the ground
for an aquifer storage and recovery project remains state water.
State water does not include percolating groundwater; nor does it
include diffuse surface rainfall runoff, groundwater seepage, or
springwater before it reaches the watercourse.
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| 2. |
Do I need a permit to build a pond on my creek? |
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Possibly. In most cases an impoundment or other appropriation of
state water does require a permit. However, §11.142 of the
Water Code provides an exemption from permitting for a domestic and
livestock reservoir with a capacity of 200 acre-feet or less. The
exempt reservoir must be built on the owner's property and not back
water up onto any other landowner. The owner may not divert water
from the reservoir for any purpose other than domestic and
livestock use. Domestic use does include the watering of a personal
lawn or garden and use of water by a household to support domestic
activity drinking, washing, culinary purposes). Livestock use is
the use of water for open-range watering of livestock. Irrigation
of pasture land for livestock is NOT included in this definition.
Any irrigation use (other than that described as domestic use) does
require a permit.
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| 3. |
If I need to obtain a permit, how long will it
take? |
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The Water Rights Permitting Team has a target of processing
uncontested applications in 300 days. More complex applications or
those that are contested could take significantly longer. The
processing time may be reduced if the application is complete when
it is received by the permitting team. The Water Rights Permitting
Team provides guidance to potential applicants by encouraging
applicants to have a pre-application meeting with permitting and
technical review staff. This ensures a more complete application
and gives the applicant an idea of potential problems or areas of
concern regarding their application. Applicants are also provided
with an information packet including checklists and instructions
for completing the application.
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| 4. |
Are there any areas of the state where I would not be able
to obtain a new permit to appropriate state water? |
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Yes. Water rights are granted on a "first come - first served"
basis. As there is a limited amount of water in any stream, there
are limits to the amount of water which can be permitted for use.
There are several areas of the state where all of the water
available for appropriation has already been permitted. There are
other areas of the state where water is only available for
appropriation for a period of time which may or may not be extended
depending on the development of existing senior water rights.
Questions about a specific area should be referred to permitting
staff.
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