Seeking Your “Opinions” On severing water rights from the surface and mineral interest in Texas? Legal or Possible?
Yes, it is possible to sever water rights.
Thank you, Some Texas Counties have established Water Districts. This makes it very restrictive for a water rights owner to do much. It is almost the same as taking over your Mineral Rights. A few year’s ago it was tried here and there was a big uproar and it never came up for election. Never establish a water district!
Same here, we are in a rural county and the farmers didn’t much like the idea of paying a tax to use their own water. Austin is really pushing for them though. We have some property where the water rights were severed from the surface many years ago, but I also don’t much like the idea of owning surface with no mineral or water rights.
You can sever them but it’s not recommended. I just some with an attorney regarding this very recently. He advised all of his clients against any water leases and if you sever them, then whoever your water rights go to will have permission to lease the water which can still affect your surface rights.
A surface owner who still owns the water rights in Texas can sever them for himself in a separate entity.
Guitar v Hudspeth was an interesting case regarding water rights in TX. I believe it went all the way to the TX Supreme Court. Some of it’s available online to read.
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