Which waters of streams used for irrigation are controlled by the state in Texas?

In Texas, the state has specific regulations regarding the use and control of waters within streams, particularly in the context of irrigation. Ordinary flow waters, which refer to the natural flow of a stream or river under normal conditions, are under the jurisdiction and control of the state. This includes water that is available for irrigation purposes.

The concept of ordinary flow pertains to the established channel and flow conditions of a watercourse during typical weather patterns, as opposed to floodwaters, which may be subject to different considerations. By focusing on ordinary flow, the state ensures that water usage complies with legal frameworks designed to protect water rights and maintain ecological balance.

Flood waters typically fluctuate significantly and their management may not fall under the same regulatory guidelines as ordinary flow waters. Navigable waters involve larger water bodies that allow for public navigation, often treated separately regarding rights and usage. Riparian waters, which pertain to land adjacent to streams, are relevant to landowners but are often more about the rights of landowners rather than direct state control.

The distinction of ordinary flow is important in land surveying and legal contexts, especially for ensuring adherence to state regulations regarding water use and distribution for agricultural purposes. Understanding this helps land surveyors accurately assess and manage water resource rights on properties affected by these