Texas Water Rights Part 1: Water Quality/Quantity

Texas Water Rights
Part 1: Water Quality/Quantity
Texas Aquatics

Examine the current use and future of Texas' water quantity and quality

​(PART 1)

Today, we will....

Open Ended

Should the future of Texas' water be driven by laws or by voluntary action (by the people)?

are linked to the people in this state- their actions, their jobs, and where they live. Do you think people take water quality seriously?

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​Our watersheds...

• Passed in 1972 by US Congress

• Also known as the Federal Water Pollution Control Act

• Goal is to ensure water is fishable and drinkable

• Cannot release any pollutant into a major US water body w/out permit

• Cannot fill wetlands w/o permit

Clean Water Act

• ​It does NOT include waters that do NOT connect to navigable waters

• The Texas Commission on Environmental Quality continues to monitor pollution, issue/revoke permits

• Non-point vs point source pollution issues

More on Clean Water Act...

Open Ended

Is the Clean Water Act doing enough to help pollution in Texas waters?

• The Clean Water Act does not protect against runoff (fertilizers, herbicides, pesticides, etc)

• Runoff is one of the biggest pollutants of our local water

• Chemicals from big cities, sewers, stuff used on lawns hurts as well

• These NON-POINT pollutants are difficult to control and pinpoint because they come from all over

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Other waters...

• Texas State Soil and Water Conservation & the Texas Commission on Environmental Quality are responsible for trying to control non-point pollutants

• Runoff from cities, huge neighborhoods, companies, are their responsibility

• They also provide education, programs on management, and help to prevent and resolve pollutant problems

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Non-point Issues

Multiple Choice

What is the biggest non-point pollutant problem in Texas?

• Someone's busted sewer line

• The neighbor dumping tires in your tank

• Old man dumping out gasoline in the yard

• Runoff from cities, neighborhoods, businesses, plants, etc.

• Regulates surface water and groundwater

• These are controlled different from each other

• The origin of this law dates back to old Spanish law and Spanish settlers in Texas

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Texas Water Law

• First come, first serve for available water and who wants to use it

• Permits may be issued

• Some "senior water rights holders" have first rights at the water

• Known as "first-in-time, first-in-right" rule

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Who's Water is This?

Multiple Choice

What is the water rule called for long-time water rights holders?

• First-in-line, first-to-dine

• First-to shine, first-is mine

• First-is-swine, that-is-fine

• First-in time, first-in-right

• Dual Doctrine describes Texas recognizing both riparian and prior-appropriation rights

• What is all that?

• Riparian law was water rights that was granted to landowners who had land that bordered streams, rivers, etc and gave them the right to use water from them

• Prior appropriation gives rights to certain users and for certain amounts

• Dual doctrine in Texas recognizes both

Dual Doctrine

• Texas water laws are dealt with in 3 separate categories:

• Natural Surface Water

• Groundwater

• Diffused Surface Water

• All are handled differently and separately

• We will look at these later

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​Water Law

• Texas Commission on Environmental Quality and US Environmental Protection Agency (EPA)- monitor and enforce water standards

• Texas Water Development Board- develop, approve, manage groundwater

• US Fish & Wildlife Service

• Texas State Soil & Water Conservation Board

• Texas General Land Office

• Texas Forest Service

• Texas Parks & Wildlife Department (TPWD)- employs biologists to protect aquatic species (plant & animal)

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Agencies & Our Water

Open Ended

Describe something that you learned about today:

Examine the current use and future of Texas' water quantity and quality

​(PART 1)

Today, we will....