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Hauling Water
#9057617
06/05/24 03:51 PM
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Joined: Feb 2016
Posts: 112
Tony270
OP
Woodsman
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OP
Woodsman
Joined: Feb 2016
Posts: 112 |
Is it legal to haul water from a creek a few miles from my property to fill water troughs for native wildlife? I sent this question to TCEQ but they did not answer my question. Ranch is in Kinney county! Thanks
3G Ranch Montell,TX NRA Life Member SCI Life Member
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Re: Hauling Water
[Re: Tony270]
#9057624
06/05/24 04:14 PM
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Joined: Oct 2008
Posts: 18,538
68rustbucket
THF Celebrity
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Joined: Oct 2008
Posts: 18,538 |
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Re: Hauling Water
[Re: 68rustbucket]
#9057636
06/05/24 04:25 PM
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Joined: Feb 2016
Posts: 112
Tony270
OP
Woodsman
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OP
Woodsman
Joined: Feb 2016
Posts: 112 |
Reason I'm asking is another ranch owner said he would call Game & Fish if he saw me again taking water from the creek!
3G Ranch Montell,TX NRA Life Member SCI Life Member
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Re: Hauling Water
[Re: Tony270]
#9057644
06/05/24 04:34 PM
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Joined: May 2024
Posts: 12
Megacab
Light Foot
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Light Foot
Joined: May 2024
Posts: 12 |
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Re: Hauling Water
[Re: Tony270]
#9057684
06/05/24 05:37 PM
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Joined: Jan 2011
Posts: 67,515
SnakeWrangler
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Reason I'm asking is another ranch owner said he would call Game & Fish if he saw me again taking water from the creek! Call the local game warden yourself first…. 
I believe in science and I’m an insufferable [censored] Actually, BBC is pretty damn good "You Cannot Simultaneously Be Politically Correct And Intellectually Honest!"
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Re: Hauling Water
[Re: Tony270]
#9057697
06/05/24 05:59 PM
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Joined: Aug 2008
Posts: 1,728
BubRay
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Posts: 1,728 |
In Texas, anyone who wants to use surface water must first get permission from the state, unless they are using the water for one of several “exempt uses” in the Texas Water Code. Some exemptions include domestic and livestock use, wildlife management, and other specified uses (see Texas Water Code Section 11.142 ).
Take Care, Bub
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Re: Hauling Water
[Re: BubRay]
#9057735
06/05/24 07:10 PM
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Joined: Dec 2010
Posts: 3,481
blancobuster
Veteran Tracker
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Joined: Dec 2010
Posts: 3,481 |
In Texas, anyone who wants to use surface water must first get permission from the state, unless they are using the water for one of several “exempt uses” in the Texas Water Code. Some exemptions include domestic and livestock use, wildlife management, and other specified uses (see Texas Water Code Section 11.142 ). I think that might apply if the creek was on the OP's property, but he states it is not. OP are you stopping at a low water crossing and filling up drums or something like that? That would be highly inadvisable IMO.
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Re: Hauling Water
[Re: Tony270]
#9058688
06/07/24 05:52 PM
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Joined: Dec 2010
Posts: 7,657
hopalong
THF Trophy Hunter
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Joined: Dec 2010
Posts: 7,657 |
if it is on state property, don't, get written permission from the gw (he can go check out the troughs to verify) or whoever gives it.
if on private property and the owner says you can then go for it.
it may also depend on avg cfs flow rate as to how much you can take. sounds stupid but some of the water rules etc. I have seen are total looney tunes.
lake fork FISHERMANS COVE MARINA - 903 474 7479 reservations
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Re: Hauling Water
[Re: Tony270]
#9058689
06/07/24 05:56 PM
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Joined: Dec 2010
Posts: 7,657
hopalong
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the state Surface water in Texas is owned by the state and held in trust for the citizens of the state. The state grants the right to use this water to different people, such as farmers or ranchers, cities, industries, business, and other public and private interests.Feb 8, 2024 https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/wr_applications.html
lake fork FISHERMANS COVE MARINA - 903 474 7479 reservations
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Re: Hauling Water
[Re: 68rustbucket]
#9059763
06/10/24 03:46 AM
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Joined: May 2011
Posts: 8,424
Double Naught Spy
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Technically, it requires a permit by law. Otherwise, everybody and their dog that could dip hoses into watersheds would be sucking up water to use on their lands and folks down stream end up going without.
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Re: Hauling Water
[Re: Tony270]
#9059772
06/10/24 06:07 AM
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Joined: Jul 2013
Posts: 1,643
Hirogen
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Sounds awfully complicated. One of the few cases where perhaps things are easier up here in our overly regulated socialist state. Here as long it is public land - i.e say where a creek or river crosses a right of way, anybody can park on the shoulder of the road and can take up to 13,000 gallons per day no questions asked.
Last edited by Hirogen; 06/10/24 06:10 AM.
Never violate a woman, nor harm a child. Do not lie, cheat or steal. These things are for lesser men. Protect the weak against the evil strong. And never allow thoughts of gain to lead you into the pursuit of evil.
-The Iron Code of Druss the Legend
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Re: Hauling Water
[Re: Tony270]
#9060060
06/10/24 08:17 PM
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Joined: Jun 2006
Posts: 9,140
Dave Davidson
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Does this say that my stock tanks/ponds/water holes are State property?
Without a sense of urgency, nothing ever happens.
Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
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Re: Hauling Water
[Re: Dave Davidson]
#9060063
06/10/24 08:24 PM
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Joined: Nov 2011
Posts: 10,869
unclebubba
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Does this say that my stock tanks/ponds/water holes are State property? "What is State (Surface) Water? The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the stormwater, floodwater, and rainwater of every river, natural stream, and watercourse in the state. Water that is imported from any source outside the boundaries of the state for use in the state, and that is transported through the bed and banks of any navigable stream within the state, or by utilizing any facilities owned or operated by the state. State water does not include percolating groundwater; nor does it include diffuse surface rainfall runoff, groundwater seepage, or spring water before it reaches the watercourse. Who Owns State Water?" Your pond is diffused surface rainfall runoff.
Last edited by unclebubba; 06/10/24 08:25 PM.
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Re: Hauling Water
[Re: Tony270]
#9060173
06/11/24 12:15 AM
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Joined: Apr 2022
Posts: 46
Buzz51
Light Foot
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Light Foot
Joined: Apr 2022
Posts: 46 |
Really depends on whether it's High Fenced Surface Water or Low Fenced Surface Water. If the Op is not damming or harming water flow then WTH? Texafornication. Fill your barrels and carry on.
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Re: Hauling Water
[Re: Buzz51]
#9060372
06/11/24 02:26 PM
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Joined: May 2011
Posts: 8,424
Double Naught Spy
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If the Op is not damming or harming water flow then WTH? Texafornication. Fill your barrels and carry on. Oh no, we have surface water laws going back at least to 1889 and even further back to the Republic of Texas. I believe the last major chances came in 1967. Removal of water from the water flow is damage to the water flow. Water used by somebody without permission is water that can't be used by somebody who has permission.
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Re: Hauling Water
[Re: Double Naught Spy]
#9060511
06/11/24 05:48 PM
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Joined: Dec 2010
Posts: 7,657
hopalong
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Posts: 7,657 |
If the Op is not damming or harming water flow then WTH? Texafornication. Fill your barrels and carry on. Oh no, we have surface water laws going back at least to 1889 and even further back to the Republic of Texas. I believe the last major chances came in 1967. Removal of water from the water flow is damage to the water flow. Water used by somebody without permission is water that can't be used by somebody who has permission. and they monitor every well out there, ours are on red river water cons. district. I have to enter our totals monthly even though they can't charge for it, added a chunk of change for the meters they had to have. govt. goofiness, we are about 2 mi. south of the red river and original wells were only about 40', now at 125'.
lake fork FISHERMANS COVE MARINA - 903 474 7479 reservations
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