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. Each such document has a priority date assigned to it. The various types of water right documents are known as certificates of adjudication, permits, term permits, and temporary permits. Certificates of Adjudication At other times in Texas history, different laws governed the use of surface waters, often leading to conflicting claims. The commission looked to claims of prior use in setting up the foundation for the current water rights system in Texas.