Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE B. WATER RIGHTS · CHAPTER 11. WATER RIGHTS
Texas Codes

Tex. Water Code § 11.001 (2026)

Vested Rights Not Affected

✓ current as of May 2026
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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. 2005).
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Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, 175 S.W.3d 34 (Tex. App. 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. App. 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, Texas & Burnet Cnty., Texas v. Eugene Taylor & Charles Fenner (Tex. App. 2015). · cites it 2× “” 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, Betty Ann Bradfield Cummins, Thomas W. Cummins & William Bradfield Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17 (Tex. App. 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, Betty Ann Bradfield Cummins, Thomas W. Cummins & William Bradfield Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17 (Tex. App. 2005). “For a landowner to establish that his land is riparian or littoral, the land must have certain characteristics.”
Donald H. Cummins, Betty Ann Bradfield Cummins, Thomas W. Cummins & William Bradfield Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17 (Tex. App. 2005). “For a landowner to establish that his land is riparian or littoral, the land must have certain characteristics.”
Donald H. Cummins, Betty Ann Bradfield Cummins, Thomas W. Cummins & William Bradfield Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17 (Tex. App. 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 (Tex. Att'y Gen. 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. App. 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, Texas & Burnet Cnty., Texas v. Eugene Taylor & Charles Fenner (Tex. App. 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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