Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 297 - WATER RIGHTS, SUBSTANTIVE
Subchapter H - CONVEYANCES OF LAND AND WATER RIGHTS
Section 297.81 - General Rules of Conveyance

(a) Except as provided in subsection (b) of this section, the right to use water for the purpose of irrigation is appurtenant to the land authorized to be irrigated, and a conveyance of land with an appurtenant water right also conveys the water right unless expressly reserved or excepted; provided, however, that if the water right has been granted for the irrigation of land not owned by the applicant, such a water right is personal to the permittee and does not pass with a conveyance of the land.

(b) A water right does not attach to the irrigated land when held by a water corporation, water district, river authority, or governmental entity authorized to supply water to others. Only by express written conveyance can such a water right be transferred. The foregoing is subject to all laws relating to lawful rights of owners along ditches and canals.

(c) If a landowner reserves a water right in a conveyance of land authorized to be irrigated and desires to change the place of use, the point of diversion, or the purpose of use, an application to amend the water right must be filed with the executive director as provided by § 295.71 of this title (relating to Applications To Amend a Permit).

(d) A water right may be conveyed separately from the land; provided, however, the water right must be utilized in accordance with its terms and conditions until amended by the commission.