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Hauling Water #9057617 06/05/24 03:51 PM
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Tony270 Offline OP
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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


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Re: Hauling Water [Re: Tony270] #9057624 06/05/24 04:14 PM
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68rustbucket Offline
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Why wouldn’t it be?



Re: Hauling Water [Re: 68rustbucket] #9057636 06/05/24 04:25 PM
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Tony270 Offline OP
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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!


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Re: Hauling Water [Re: Tony270] #9057644 06/05/24 04:34 PM
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Do it at night. Lol

Re: Hauling Water [Re: Tony270] #9057684 06/05/24 05:37 PM
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Originally Posted by Tony270
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….

2cents


Originally Posted by Sneaky
I believe in science and I’m an insufferable [censored]
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Actually, BBC is pretty damn good

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Re: Hauling Water [Re: Tony270] #9057697 06/05/24 05:59 PM
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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 ).


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Re: Hauling Water [Re: BubRay] #9057735 06/05/24 07:10 PM
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Originally Posted by BubRay
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.

Re: Hauling Water [Re: Tony270] #9058688 06/07/24 05:52 PM
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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

Re: Hauling Water [Re: Tony270] #9058689 06/07/24 05:56 PM
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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

Re: Hauling Water [Re: 68rustbucket] #9059763 06/10/24 03:46 AM
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Originally Posted by 68rustbucket
Why wouldn’t it be?


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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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.

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Re: Hauling Water [Re: Tony270] #9060060 06/10/24 08:17 PM
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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
Re: Hauling Water [Re: Dave Davidson] #9060063 06/10/24 08:24 PM
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Originally Posted by Dave Davidson
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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Originally Posted by Nolanco
current federal policy is clearly irrational, scientifically insupportable and ridiculous.
Re: Hauling Water [Re: Tony270] #9060173 06/11/24 12:15 AM
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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.

Re: Hauling Water [Re: Buzz51] #9060372 06/11/24 02:26 PM
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Originally Posted by Buzz51
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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Originally Posted by Double Naught Spy
Originally Posted by Buzz51
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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