Water Rights

This discussion has occurred in out office recently.

If you own mineral rights in a section do you also own the equal amount of water rights in that section? Would you be able to file some kind of deed for the water rights? Water is getting to be such a growing concern in Western Oklahoma.

Any ideas on this would be greatly appreciated.

Paul Edsall

No, you do not. The water rights are normally owned by whoever owns the surface, and has nothing to do with mineral rights ownership. In some states, such as Texas, the ownership of the water rights and wind rights can be severed, just as with mineral rights. In other words, minerals could be owned by one party, wind rights by another party, surface rights by another party, and water rights by still another party.

It happens pretty often around municipalities in West Texas that they will buy water rights from surface owners.

The water in Blaine County, for the most part, is pretty poor. It is a far cry from the Ogallala aquifer that runs through Texas, the Panhandle of Oklahoma, Kanas, Nebraska, etc.

Paul, see link for a source from 2012


I agree with JW and actually missed that part where you stated "mineral" owner. I was thinking about the discussions I had with Mike also.

Thanks for the info!!! That's why this forum is so great, if a person has a question there is someone out there who probably knows the answer.

It gets even more complicated in some parts of Oklahoma where they are processing the salt water from the oil wells to remove and sell the Brine/Iodine. They do not know who to pay, so they are paying the surface owner and the mineral owner. If it ever becomes lucrative, I'm sure we will see it settled in courts as to owns what.

So in Oklahoma can the water and wind rights be severed by the land owner in the case that the land owner is selling the land, as it is in Texas?