Unlike groundwater, which is owned by the landowner as a real property right, surface water is legally owned by the state in Texas. Texas owns the corpus of the surface water but allocates this water through the issuance of rights for beneficial use of the water. Most Texas surface water rights are held in perpetuity and can only be cancelled for non-use over an extended period of time (TWC 11.0235(a)). Such usufructuary rights are recognized as private rights and entitle the appropriator of a given amount of water from a particular diversion point for a particular beneficial use enumer- ated in law. Such rights can be bought and sold with minimal state review if the purpose of use is not changed in the transaction.
Come and Build It: Housing Policy Reform in Texas
Texas is short more than 300,000 housing units, while 90% of Texans are worried about affordability. To ease these twin crises, policymakers passed an ambitious set of free-market-minded measures to boost supply and lower costs. Key points: The 89th Texas Legislature passed five key housing market reforms to increase supply, reduce government interference, and improve...