When They Don't The dry summer of 1996 threatened to produce a round of water wars in Texas. With less water available, sometimes contentious disputes arose over water use. Many of these conflicts occurred because water users were uncertain about who had rights to use the water that remained in Texas streams and lakes. Statewide, there is a legal framework for resolving these types of conflicts, a framework that clearly establishes priority of use during a drought. In certain river basins in Texas, watermaster programs implement this legal framework and protect priority water uses.
Water flowing in Texas creeks, rivers, and bays is state water.
In almost all cases, surface waters may be used only with explicit permission of the state. Water for livestock and household uses is exempted from this requirement, so long as the water is diverted by persons who live adjacent to a stream or river. County and rural community fire departments and other similar services also may divert and use state water from streams and reservoirs for emergency use without first obtaining a permit. State law requires a water right document for all other uses of surface water in Texas. None of these documents guarantees that water will always be available, but some of them provide more certainty than others.