Who owns the flood waters that are found above the highest ordinary flow?

In Texas, the ownership of floodwaters that are present above the highest ordinary flow is vested in the State. This principle is rooted in the legal doctrine of "navigable waters," which characterizes bodies of water that are capable of being navigated for trade and travel as being under public ownership. Specifically, in the context of floodwaters, the state retains ownership since these waters can frequently fluctuate and are considered a public resource.

This approach underscores the state's responsibility to manage and regulate these waters for public good, as they can have significant implications for property rights, environmental management, and flood control. Essentially, any floodwaters that rise above the ordinary high-water mark are held by the state in trust for the public, allowing for their management in a manner that supports public safety and welfare.

This distinguishes the ownership of floodwaters from those that may be directly associated with private property or local regulations, emphasizing the broader public interest in the utilization and conservation of water resources.