10.9 Water Rights

Open Beach Law

> Reserves for the public the right to use public beaches. >Easement extends from the Mean Low Tided to the Line of Vegetation .Even though the Lot may be owned by an individual no structure may be created within the Easement. > In certain Circumstances , due to coastal Erosion , Storms ,etc.; an entire Lot can be located within the Easement. (The owner will be required to use its general use with the public.) >Structure Located on a Public Beach , the Owner could be forced to remove it and accrue all cost for removal.

Surface Water Rights

>Riparian >Littoral - Accretion - Alluvium - Avulsion - Erosion >Prior Appropriation

prior appropriation

>With the exception of Limited domestic use is controlled by the state rather than the Land Owner who owns the Land adjacent to the water. >To secure Water Rights to that Water a person must show some beneficiary use such as Crop Arrogation , etc., and file for and obtain a permit from the Texas Commission on environmental quality .

Avulsion

A sudden and perceptible loss of land by the action of water as by a sudden change in the course of a river. > Riparian Owners do not lose title to land lost by Avulsion. >Boundary lines stay the same no matter how much soil is lost .

*Pop Quiz* An addition to property through the efforts of man or by natural forces is known as...?

Accession

*Pop Quiz* The increasing in land area resulting from the deposit of soil by the natural action of the water is known as...?

Accretion

*Pop Quiz* The gradual increase of earth on a shore of an ocean or bank of a stream resulting from the action of the water is known as...?

Alluvium

Accession .

An addition to property through the efforts of man or by natural forces.

Alluvion

Increased soil, gravel, or sand on a stream bank resulting from flow or current of the water.(Land created via ACCRETION).

Texas land Owners own the ground water under the surface of their land of Real Property

they are entitled to drill for the use of the ground water.

Riparian Rights (RIVER) Continued

> The state of Texas classifies streams as being either , negatable or non-negatable . - An owner that borders a NON-NEGATABLE ,may own the land under the water up to exact center or the water way. - Land adjoining NEGATABLE rivers, is usually owed to the mean vegetation line (Where the vegetation stops). □ Beyond that the states owe title to the land. □ These are considered Public Highways , the public has an Easement or the Right to Travel. ***CERTAIN STREAMS ARE CLASSIFIED AS NEGATBALE WHEN THE APPEAR NOT TO BE*** > When dealing with a property with a Stream running through/ against , the Streams classification must be determined by the correct Source. - This can not only effect Boundary Lines but Mineral Rights and Royalties because the state of Texas owns the interest in Negatable Streams therefore having the Titles to Mineral Rights and Royalties. □ In certain situations Private Ownership of the Negatable River can be recognized .

Since 1903, Texas has adhere to the" Rule of Capture" in Ground Water Rights. Gives Owners the right to pump as much water as they chose even WITHOUT being liable for damages to others.

Landowners may not maliciously take water with the INTENT of injuring a neighbor. Landowners are LIABLE for the sinking of others land. If caused by the negligent discharge of water. (Must report how must water is withdrawn as well as regulation for how far apart these wells can be installed).

Ground Water

Water under the earth's surface, below the saturation point ○ In Texas, Ground Water provides 60% of the state's water needs. ○ 1 source of Ground Water is a series of 9 major and 21 minor aquafers ,which are underground geological formations that use the a certain amount of water . § Together the aquafers underline 3 quarters of the state's entire surface area .

Water Rights

>Attaches the interest to the Ownership use adjacent to certain bodies of Water. -Because water can affect the value of land , it is important to know that the Ownership is determined to the doctrines of Riparian and Littoral Rights or the doctrine of Prior Appropriation.

Open Beach Law: Because of the Limitation of use, the Natural Resource Code requires Sellers to provide Buyers a statutory notice regarding the Easement.

Failure to do so is a violation of the Texas Deceptive Trade of Practices Act, which are promulgated by Texas Real Estate Form of Commission

Priority Water Right is usually determined by Oldest recorded permit date. -After the are granted the Water Rights can be perfected legally by the State. Once perfected it becomes attached to the Land of the person holding the permit.

Issuance of a Water Permit does not grant access to a water source; > All access > Rights of Way >Over the Land of Another Easements Must be attained from the Property Owner, the Texas commission on the environmental qualities authorize to CANCEL a state Surface Water Right, if it has not been used for 10 years. >Unless the non-use was a result of a Water conservation plan .

Erosion .

The eating away of a coastline or land by the action of water, ice, and/or wind, or wearing a way of a surface by corrosion or traffic. >A Riparian will lose title to land if washed away by Erosion or the changing of a Rivers course .

Alluvium

The gradual increase of earth on a shore of an ocean or bank of a stream resulting from the action of the water.

Accretion

The increasing in land area resulting from the deposit of soil by the natural action of the water.(The opposite of Erosion).

Littoral Rights (LAKE)

The right of a property owner whose land borders on a body of water, such as a lake, ocean or sea, to reasonable use and enjoyment of the shore and water the property borders on. > (and Riparian Rights) Attached to the Land and cannot be retained when the property is sold. **CANNOT BE WITHELD, THEY ARE INCLUDED IN THE SALE** > Owners with this rights , are able entitled to have unrestricted use of available water for domestic purposes, but the only own land up to the Mean Vegetation Line . § Anything below the MVL is owed by the Gov. or other Public Authority/Water District .

Air Rights

The rights in real property to the reasonable use of the air space above the surface of the land.

Riparian Rights (RIVER)

The rights of a landowner or land occupier to use flowing water (such as a river) that is adjacent to the land. > Owner had the right to use the water for domestic purposes . Provided they don't interrupted ,alter or contaminate the water., > The land required under the Mexican Land Grants did not carry Riparian Rights - Land pattoned into Ownership from Republic of Texas and from the State of Texas before July 1st 1895 dies carry Riparian Rights . Anything after will have to be submitted through a Prior Application Doctrine. > Since 1969, a Riparian Right to use Owner's water has been Limited by a States Permit.(Do not waste) >Law in 1895, provided that water in every Stream ,Lake ,Canyon and Watershed is the property of the State of Texas. -Unless a Riparian Owner can prove otherwise.