The Conundrum of Texas water rights: Who has ultimate claim to the state’s water resources?

What is in this article?:

  • The recent ruling by the Lower Colorado River Authority on the amount of water rice farmers could receive from the Highland Lakes continues to be discussed.
  • Rice farmers had the first claim on the LCRA water before the construction of the Highland Lake reservoir system.
  • But the growth of cities and other industries in the area served by the LCRA has created much higher demand for the agency's supplies.

 

The recent Lower Colorado River Authority resolution to release water to Gulf coast rice farmers next year appears to be a positive development in the ongoing fight over water rights in the Lower Colorado River Basin. But agricultural interests could once again suffer devastating water rationing limitations in 2013 if the water authority pushes for a way to satisfy all end users at a time when water supplies are short and water needs are growing.

The resolution, adopted by LCRA's Board of Directors during a Nov. 14 meeting in Fredericksburg, paves the way for the release of some rice irrigation water after the first of the year depending on lake levels at two reservoirs in Central Texas.  

In addition to farmers who claim LCRA is treading on traditional agricultural use of water in the basin, officials of Ducks Unlimited are suggesting that the recent resolution allocating less water for farm use greatly threatens migratory and native water fowl populations of the Texas coastal region and will result in devastating economic losses in sporting and wildlife revenues generated as a result of a declining birding industry.

In fairness to LCRA however, escalating population growth and rapid urban and industrial development is adding fuel to the argument of who has first rights to the natural resources of the state at a time when historical drought conditions threaten to make water scarcer in the years ahead. While farmers argue the water is needed to continue to provide adequate food supplies to meet market demands and to strengthen the state’s agricultural economy, sprawling cities like Austin and industrial users like mining operations and golf courses say they have a need and a right to the water as well.

In reality, who has first but not exclusive rights to the water was established by precedence long before the LCRA entered the scene. According to Texas water law, “first in time is first in right.” Downstream rice farmers were given the first water rights in the Colorado basin, and these rights are senior to LCRA's water rights for the Highland Lakes. These rights include some of the water that flows into the Highland Lakes. LCRA must pass through that water to comply with those rights.

Discuss this Article 1

Michael Yarbrough (not verified)
on Dec 4, 2012

The 'rules' for water allocation in Texas were set years ago and to change them because urban growth places pressure on current supplies is unfair to ag users who have followed the rules set forth. I suggest that the Texas Water Development Board and the Texas Commission on Environmental Quality require the state's 16 regions to cooperate and develop desalination of coastal and other brackish waters and pipe it to all areas of the state to solve the water woes of Texas instead of building more mud hole reservoirs that are vulnerable to drought and don't even solve the regional problems. Other states have developed desalination as well as the US Navy and other nations as well. North Texas Municipal Water District told the Paris, TX Kiwanis or Rotary club several years ago that they could desalinate and pipe water to its customers for $5.71/ 1000 gal. but that was too high. It doesn't seem unreasonable to me since I'm already paying $5.00/1000 gal. and if they are allowed to build the reservoirs in their water plan, I'll lose my entire farm for a reservoir, that if already completed, would be nothing more than a mud hole now and of no benefit to anyone. If water is short, the smart answer is not to change the rules but to create a larger, more dependable supply. If the urban water hogs want to grow a tropical grass on their lawns which are located in a semi arid region, then they can pay for the privilege. At least 60% of urban water usage is for irrigating St. Augustine grass according to a news article out of McKinney. Why is it that production ag is always the first and usually the only one required to give up their assets every time a new road or reservoir or shopping center is desired by urban dwellers? I think we've given enough already.

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