In This Issue

Temporary Water Right Authorizations Required from Texas Commission on Environmental Quality

The Texas Commission on Environmental Quality (TCEQ) requested that the Texas Railroad Commission post an advisory notice concerning use of surface water in association with oil and gas activities.

Water flowing in Texas creeks, rivers, and bays is state water or “waters of the state.” Under Section 11 of the Texas Water Code anyone who diverts water must have authorization – or water right — from the State of Texas through the Texas Commission on Environmental Quality (TCEQ). Persons who withdraw “waters of the state” for mining, construction, and oil and gas activities must obtain a water rights permit from TCEQ. An applicant may apply for a Temporary Water Right permit for short-term use of “waters of the State.” Temporary Water Rights permits authorizing use of 10 acre feet or less and for one year or less may be issued by your closest TCEQ. Applicants who seek to use more than 10 acre-feet of water or who seek a term of more than one year (up to a maximum of three years) will need to apply through the TCEQ Water Rights Permitting Team in Austin.

TCEQ forms, fees, contacts and other information may be found online here.