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Texas Transfer of Surface Water Right (19-TX-d)

Texas water law allows surface water rights to be transferred from one party to another. (Tex. Water Code, Title 2, Chapter 11 Water Rights) The Texas Commission on Environmental Quality (TCEQ) handles transfers of surface water rights.

Transfer of Surface Water Right Process

19-TX-d.1 to 19-TX-d.2 –TCEQ Change of Ownership Form

To transfer a surface water right the developer and the previous owner need to complete a Transfer of Water Rights Ownership Application (TCEQ-10204). The notarized form must also be accompanied by:

  • The appropriate fee(s) payable to the TCEQ; and
  • Certified and/or recorded copies of legal documents establishing a complete chain of title from the owner of record to the current owner.

The form and all accompanying documents must be filed with the TCEQ. ( 30 TAC 297.83)

19-TX-d.3 – Record Transfer with County Clerk

The transfer must be recorded with the county clerk and establish the complete chain of title. ( 30 TAC 297.83)

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