Texas Codes

Tex. Water Code § 11.021 (2026)

State Water

✓ current as of May 2026

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Sec. 11.021. STATE WATER. (a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.

(b) Water imported from any source outside the boundaries of the state for use in the state and which is transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned or operated by the state is the property of the state.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.

Notes of Decisions

Cited in 46 cases (6 in the last 5 years), 1985–2026 · leading case: in Re Sustainable Texas Oyster Resource Mgmt., L.L.C., 575 S.W.3d 339 (Tex. 2019).

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in Re Sustainable Texas Oyster Resource Mgmt., L.L.C., 575 S.W.3d 339 (Tex. 2019). · cites it 2× “" TEX. WATER CODE § 11.021(a) ("The water of the ordinary flow, underflow, and tides of every .”

Texas Parks & Wildlife Dep't v. Sawyer Trust, 354 S.W.3d 384 (Tex. 2011). · cites it 2× “We also hold, however, that the Trust is entitled to replead and attempt to assert an ultra vires claim against state officials if it chooses to do so.”

Domel v. City of Georgetown, 6 S.W.3d 349 (Tex. App. 1999). · cites it 6× “See Tex. Water Code Ann. § 11.021 (a) (West 1988); Goldsmith & Powell v.”

Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App. 2008). · cites it 6× “Tex. WateR Code Ann. § 11.021 (a) (2002); Hoefs v.”

Citizens Against Landfill Location v. Texas Comm'n on Env't Quality, 169 S.W.3d 258 (Tex. App. 2005). · cites it 3× “Tex. Water Code Ann. § 11.021 (a) (West 2000).”

City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006). · cites it 2× “XVI, § 59; TEX. WATER CODE § 11.021(a); FRANK F. SKILLERN, 1 TEXAS WATER LAW SERIES 29 (1992).”

City of San Marcos v. Texas Comm'n on Env't Quality, 128 S.W.3d 264 (Tex. App. 2004). · cites it 3× “See Tex. Water Code Ann. § 11.021 (a) (West 2000); 10 Domel, 6 S.”

Dietrich v. Goodman, 123 S.W.3d 413 (Tex. App. 2003). · cites it 2× “Tex. Water Code Ann. § 11.021 (Vernon 2000); South Tex.”

Cummins v. Travis Cnty. Water Control & Improvement Dist. No. 17, 175 S.W.3d 34 (Tex. App. 2005). · cites it 2× “” Tex. Water Code Ann. § 11.021 (a) (West 2000); see also Frank F.”

West Beach Marina, Ltd. v. Erdeljac, 94 S.W.3d 248 (Tex. App. 2002). “See Tex. Water Code Ann. § 11.021 (a) (West 2000) (“The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural…”

The Edwards Aquifer Auth. & the State of Texas v. Burrell Day & Joel McDaniel, 369 S.W.3d 814 (Tex. 2012). “; Pacific Legal Foundation; Texas Cattle Feeders Association; Texas Farm Bureau; Texas Landowners Council; Texas and Southwestern Cattle Raisers Association; and Texas Wildlife Association.”

Wilson v. Texas Parks & Wildlife Dep't, 8 S.W.3d 634 (Tex. 1999). “1976); Restatement (Second) of Torts § 323 ("One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm…”

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— Tex. Water Code § 11.021(a) — 17 cases

in Re Sustainable Texas Oyster Resource Mgmt., L.L.C., 575 S.W.3d 339 (Tex. 2019). “" TEX. WATER CODE § 11.021(a) ("The water of the ordinary flow, underflow, and tides of every .”

City of Marshall v. City of Uncertain, 206 S.W.3d 97 (Tex. 2006). “XVI, § 59; TEX. WATER CODE § 11.021(a); FRANK F. SKILLERN, 1 TEXAS WATER LAW SERIES 29 (1992).”

Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App. 2008). “Tex. WateR Code Ann. § 11.021 (a) (2002); Hoefs v.”

Citizens Against Landfill Location v. Texas Comm'n on Env't Quality, 169 S.W.3d 258 (Tex. App. 2005). “Tex. Water Code Ann. § 11.021 (a) (West 2000).”

— Tex. Water Code § 11.021(b) — 1 case

Texas State Library & Archives Comm'n v. Corey Westmoreland (Tex. App. 2024).

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