Water use Texas water law is confusing be-
cause each type of water is regulated differently. A landowner owns the groundwater under his or her prop- erty and generally has the right to use it, based on the Rule of Capture. The right is subject to certain limita- tions, such as rules of groundwater conservation districts (GCDs), in areas where they have been created by the State of Texas. There are 100 GCDs and each district has different rules, making it critical for landowners to understand how their district gov- erns groundwater use. Groundwater is defi ned as water percolating in an aquifer. Surface water is in a defi ned wa-
tercourse and belongs to the State of Texas. A permit must be obtained from the Texas Commission on En- vironmental Quality (TCEQ) to use surface water. Prior appropriation governs surface water use permits. The Prior Appropriation Doctrine translates to fi rst in time, fi rst in right. The earlier dated water-use permit (senior water rights) must be satisfi ed before the later dated water-use permits (junior water rights). There are certain exceptions in the Texas Water Code for which a permit may not be required for particular uses. Diffused surface water is storm runoff not yet in a
defi ned watercourse. Landowners have the right to use this type of water, but cannot divert it in a way that would damage neighbors. Under the federal Clean Water Act, the Environ-
mental Protection Agency (EPA) has jurisdiction over “waters of the United States” (WOTUS). Recent new regulations by the EPA seek to modify the defi nition and scope of WOTUS. Numerous lawsuits have been fi led by more than half of the states, including Texas, challenging this expanded jurisdiction. Currently, a nationwide stay has been issued by the U.S. Court of Appeals for the Sixth Circuit, so the new rule is cur- rently not in effect pending litigation results.
Liabilities Landowner liability should always be a concern and
should be well understood. A landowner’s responsibil- ity depends upon the type of person on the property
tscra.org
Cole Barber, Stephenville, introduced Jim Eggleston, Weatherford, at an after- noon education session. Eggleston, recently appointed to the Texas Animal Health Commission, spoke about the top laws landowners should know.
— trespasser, licensee or invitee. A trespasser enters property without permission and the landowner’s only responsibility is to avoid intentional injury to the person. A licensee enters a property for his or her own
benefi t, such as a social guest. The landowner cannot intentionally injure the person and must make them aware of or make safe any dangerous conditions known to the landowner but not to the licensee. An invitee enters property for mutual benefi t with
the landowner, such as the plumber or the UPS deliv- ery person. For invitees, a landowner must not only make safe or warn of dangerous conditions known to the landowner, but also of any dangerous conditions of which he or she could have known with a reason- able inspection. A recreational use statute is included in the Civil
Practice and Remedies Code, Chapter 75. This statute provides a lower level of care by landowners who let people use land for recreational purposes. Under the statute, landowners are liable only for intentional acts or gross negligence if they meet 3 major requirements. The fi rst requirement is the land is used for agricul- ture. Agricultural land is defi ned as land “suitable for use” in the production of plants and fruits grown for human or animal consumption, or plants grown for
More Convention Coverage See more at
cattleraisersconvention.com June 2016 The Cattleman 87
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