Who appropriates flood waters in Texas?

In Texas, the appropriation of flood waters is primarily governed by state law, which gives the state authority over water resources to ensure they are managed in a manner that benefits the public while considering the rights of individuals and entities with existing water rights. The state has developed a comprehensive legal framework that establishes how water rights are allocated, including the appropriation of flood waters.

This approach is rooted in the doctrine of prior appropriation, where water rights are granted based on the priority of a user's historical use. The Texas Water Code outlines the rules for water appropriation and management, including flood waters, and provides a mechanism for state oversight in ensuring equitable distribution while addressing potential conflicts among various stakeholders, such as agricultural, municipal, and industrial users.

While local governments and private entities may play roles in managing specific aspects of water resources, such as drainage systems and flood control projects, they do so under the authority and framework provided by the state. Thus, the responsibility and authority for the appropriation of flood waters ultimately rests with the state.