A simple question with a complicated answer . . . at least in Texas. Surface water (rivers, creeks, lakes, etc.) — water you can see — is owned by the State. It may be used through a permit from the State. Diffused water is basically runoff and can be impounded by a stock pond; this is permissible because it does not involve damming or diverting a watercourse. Groundwater — water you can't see — is owned by the landowner but may be regulated by the State if the property is within a Groundwater Conservation District (GCD). For example, if you want to drill a water well and are located within a GCD, you will need a permit from the State. TCEQ regulates surface water, and GCDs regulate groundwater. To further complicate things, there is "produced water," which is a byproduct of oil and gas production and is owned by whoever holds the mineral rights. Before buying property in Texas, it's a good idea to have a discussion with your real estate agent about your plans for the property and to research water rights ownership.
