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.
Fool Me Twice: Why the Texas Grid is Still Vulnerable to Winter Storms | Part 3: How Texas Can Solve Its Winter Reliability Problem
Part 3: How Texas Can Solve Its Winter Reliability Problem Five years after Winter Storm Uri, the ERCOT grid is still not ready for the next major winter storm. The first two installments of this series showed that demand has grown more than 20% since 2021 while firm generation capacity has barely budged, and the...