The Answer: In Texas, the distinction is vital. Surface water (rivers, streams, and lakes) is technically owned by the State of Texas and requires a permit from the TCEQ to use. In the Rio Grande Valley, this is strictly managed by the Rio Grande Watermaster. Groundwater (water beneath your land), however, is generally owned by the landowner under the "Rule of Capture," meaning you have the right to pump it from your property, subject to local Groundwater Conservation District (GCD) rules.

The Answer: Unlike other parts of Texas that use a "first in time, first in right" priority, the Middle and Lower Rio Grande use an account-based allocation system. Municipal accounts are prioritized and "reset" annually, whereas irrigation accounts rely on surplus water allocated monthly based on Falcon-Amistad reservoir levels. If you are selling agricultural land, documenting your current water account balance and history is essential for maximizing buyer confidence

The Answer: Yes. In the RGV, water rights are often "severable" and can be sold or leased independently. This is common when agricultural land is developed for residential or commercial use; the "irrigation rights" may be sold to a municipality or another farmer. We provide the market intelligence to determine if your water rights are more valuable as an attachment to the land or as a separate asset sale. More Info on my Commercial Infill Usage page

The Answer: In Texas, the mineral estate is considered the "dominant estate." This means the owner of the minerals (or the company they lease to) has an implied right to use as much of the surface as is "reasonably necessary" to explore for and produce oil or gas. If you own the surface but not the minerals, your development plans (like a new subdivision) must account for existing oil and gas leases and potential well sites.

The Answer: While the "Rule of Capture" gives you broad rights to pump groundwater, Texas law provides three specific protections: you cannot pump water solely to maliciously harm a neighbor, you cannot waste water, and you cannot pump so negligently that it causes the neighbor's land to sink (subsidence). In 2026, local districts are increasingly active in monitoring these "waste" provisions to preserve our regional aquifers.

The Answer: If you are a surface owner but do not own the minerals, an SUA is your best defense. It is a negotiated contract with the mineral lessee (the oil company) that dictates where they can drill, how they access the land, and how they must restore the surface afterward. Without an SUA, the "Dominant Estate" rule applies, leaving you with less control over how development impacts your land's value.