Texas Codes
Tex. Water Code § 11.001 (2026)
Vested Rights Not Affected
✓ laws through the 89th Legislature (2025)
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Sec. 11.001. VESTED RIGHTS NOT AFFECTED. (a) Nothing in this code affects vested private rights to the use of water, except to the extent that provisions of Subchapter G of this chapter might affect these rights.
(b) This code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Notes of Decisions
Cited in 9
cases, 1972–2015 · leading case: Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, 175 S.W.3d 34 (Tex. App.—Austin 2005).
Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, 175 S.W.3d 34 (Tex. App.—Austin 2005). “For a landowner to establish that his land is riparian or littoral, the land must have certain characteristics.”
In re Adjudication of the Water Rights, Etc., 642 S.W.2d 438 (Tex. 1982). “They authorized the use of state waters by those who filed in the offices of the county clerks affidavits describing the amount of water claimed and where it would be used.”
In re the Adjudication of the Upper Guadalupe River Segment of the Guadalupe River Basin, 625 S.W.2d 353 (Tex. Civ. App.—San Antonio 1981). “The Texas Water Code, section 11.001(b), states “this Code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.”
City of Highland Haven v. Eugene Taylor, No. 03-12-00732-CV (Tex. App.—Austin Feb. 12, 2015). “” It is widely known, easily 5 See Tex. Water Code §§ 11.001 (“This code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.”
Donald H. Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, No. 03-04-00049-CV (Tex. App.—Austin Aug. 12, 2005). “Tex. Water Code Ann. § 11.001 (b) (West 2000) ("The code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.”
Donald H. Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, No. 03-04-00049-CV (Tex. App.—Austin Aug. 12, 2005). “For a landowner to establish that his land is riparian or littoral, the land must have certain characteristics.”
Donald H. Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, No. 03-04-00049-CV (Tex. App.—Austin June 3, 2005). “For a landowner to establish that his land is riparian or littoral, the land must have certain characteristics.”
Donald H. Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, No. 03-04-00049-CV (Tex. App.—Austin June 3, 2005). “Tex. Water Code Ann. § 11.001 (b) (West 2000) ("The code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.”
Untitled Texas Attorney Gen. Opinion, No. M-1070 (Tex. Att'y Gen. July 2, 1972). “" Article III, Section 49-d-1, Constitution of Texas, authorizes the Legislature to provide grants and loans for water quality enhancement purposes only "to political subdivisions or bodies politic and corporate of the State of Texas .”
Tex. Water Code § 11.001(b): 3 cases
In re Adjudication of the Water Rights, Etc., 642 S.W.2d 438 (Tex. 1982). “They authorized the use of state waters by those who filed in the offices of the county clerks affidavits describing the amount of water claimed and where it would be used.”
In re the Adjudication of the Upper Guadalupe River Segment of the Guadalupe River Basin, 625 S.W.2d 353 (Tex. Civ. App.—San Antonio 1981). “The Texas Water Code, section 11.001(b), states “this Code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.”
City of Highland Haven v. Eugene Taylor, No. 03-12-00732-CV (Tex. App.—Austin Feb. 12, 2015). “” It is widely known, easily 5 See Tex. Water Code §§ 11.001 (“This code does not recognize any riparian right in the owner of any land the title to which passed out of the State of Texas after July 1, 1895.”
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