Your Water Well or State"s Water Well

[Brahma Bull]

There is a hot topic I just became aware of this past year.It is water.Since I am in the process of building a new home,the bank now is requiring I have my water well certified.So I contacted the Texas License and Regulation.In the discussion I was told that in the next 3 Legislations,something will be tried to be moved forward.Something such as the water rights that were once land owners may soon be reversed to States.Talk about making some of us hot under the collar.I also heard the point was brought up just where does the water come from to replinish the aquafer.From the sky,God makes it in the form of rain.Fills the creeks,rivers,lakes,ponds and the aquafer.The city of San Antonio had plan to build a pipeline from Lavaca county to S A then drill deep water wells along the way.Which would drop the water level in all our wells.The talk about putting meters on our water wells.Then also talk about who ever has the mineral rights may own the water.So will someone explain how the State can say they own the water if it falls out of the sky on my property and goes into my well,same with the mineral rights owners.Sounds like it is coming one day we have to pay tax on the water in our own water wells,the air we breathe and the amount of sunshine we recieve.It will be a real fight.

 

[Jogeephus]

It was over twenty years ago that I saw a small piece of legislation quitely slip through the Georgia legislature defining all water in the state as State property. I thought this was odd but my fears were cast aside by the majority I spoke with about this. Today our State is putting meters on all existing deep wells and requiring you to put them on any new ones. This way, they can monitor how much of their water you are using.

 

[newrancher]

and pay TAXES accordingly Im guessing :mad:

 

[I luv herfrds]

Have a spring on our place that we OWN the rights on. Years ago the state tried to take it by saying the section line was incorrectly placed and that spring was on state owned land.
Luckily grandpa was smart enough to make sure the water right was filed and in order. State backed down.
Last year legislators helped the DNRC get more money by telling everybody they needed to RE-FILE all of their water rights. Alot of people refused and were told unless they did it they would lose their water. Bull poo.

Brahma can you file for water rights in Texas? I know each state is different.

Look what happened in Klamith (sp) Basin. Took the water from the farmers and ranchers for fish. :mad:

 

[Jogeephus]

and pay TAXES accordingly Im guessing :mad:

Unfortunately, I think you are right and I do believe I'll see it in my lifetime.

 

[vs_cattle]

:(

 

[Frankie]

There is a hot topic I just became aware of this past year.It is water.Since I am in the process of building a new home,the bank now is requiring I have my water well certified.So I contacted the Texas License and Regulation.In the discussion I was told that in the next 3 Legislations,something will be tried to be moved forward.Something such as the water rights that were once land owners may soon be reversed to States.Talk about making some of us hot under the collar.I also heard the point was brought up just where does the water come from to replinish the aquafer.From the sky,God makes it in the form of rain.Fills the creeks,rivers,lakes,ponds and the aquafer.The city of San Antonio had plan to build a pipeline from Lavaca county to S A then drill deep water wells along the way.Which would drop the water level in all our wells.The talk about putting meters on our water wells.Then also talk about who ever has the mineral rights may own the water.So will someone explain how the State can say they own the water if it falls out of the sky on my property and goes into my well,same with the mineral rights owners.Sounds like it is coming one day we have to pay tax on the water in our own water wells,the air we breathe and the amount of sunshine we recieve.It will be a real fight.

Boy, Texas politicans are really pushing, aren't they? Will there be an election this year or next year? Figure out who's on your side and who isn't. Vote. It's about the only weapon you have to protect your rights.

 

[andybob]

There was a case in Wales I read about some years ago, where a farmer was prosecuted for not paying for the domestic water he had used over the years. His water supply was stored rain water from the roofs of his house and barn, the magistrate found in favour of the local council and he had to pay up.
A few years later, some farm buildings were flood damaged, as he was able to prove that the water in question belonged to the council as defined by the courts, he was able to claim compensation without having to claim on his insurance, sometimes these regulations can bite back!
Just when exactly does the water become the property of the state? this will be relevant in future dealings with the authorities.

 

[Jogeephus]

Andybob, that is an interesting point and have often wondered that myself. Seems with ownership comes responsiblility and with responsibility can come liability. I have often wondered why if a cow (my property) gets in the highway, I'm liable for the damages. Yet on the otherhand, if a deer (state's property) gets in the highway, its an act of God or driving too fast for conditions.

 

[dun]

Andybob, that is an interesting point and have often wondered that myself. Seems with ownership comes responsiblility and with responsibility can come liability. I have often wondered why if a cow (my property) gets in the highway, I'm liable for the damages. Yet on the otherhand, if a deer (state's property) gets in the highway, its an act of God or driving too fast for conditions.

It's the golden rule. Those that have the gold make the rules

 

[Brahma Bull]

It seems the State only lays claim to water and deer when it is beneficially to them.During droughts or when some large city is trying to expand or if a new tax can be added on.But how about when it floods,too much rain.Shoot a deer out of season have to pay a fine and replacement cause it is the States deer.
But as you said hit one with your car,oh it is not the States who will pay for damages.Amazing how that works.
As what the email I recieved from the state office>>>"One reason water is becoming an issue now days is because of a 1903 Court ruling concerning "Rule Of Capture",sort of bases itself on early English Law.In the early 1900's a Railroad Co. drilled a water well near San Angelo.It reduced the water in the wells in the area.So everyone took the RR to court.The ruling was a land owner could drill and produce as much water as they can wether it effects the neighbor's wells or not.So if you think the water situation is politically bad now,hang on for the next several Legislative Sessions".It goes on to say about the property owners rights for the water may very well be reversed and groundwater will become "States" water.The reason many groundwater conservation districts are coming into effect throughout the State.I guess all us farmers and ranchers should write our Representatives and Congressman on this issue.But you can fight City Hall for only so long.They win in the End.

 

[Brahma Bull]

Have a spring on our place that we OWN the rights on. Years ago the state tried to take it by saying the section line was incorrectly placed and that spring was on state owned land.
Luckily grandpa was smart enough to make sure the water right was filed and in order. State backed down.
Last year legislators helped the DNRC get more money by telling everybody they needed to RE-FILE all of their water rights. Alot of people refused and were told unless they did it they would lose their water. Bull poo.

Brahma can you file for water rights in Texas? I know each state is different.

Look what happened in Klamith (sp) Basin. Took the water from the farmers and ranchers for fish. :mad:

Well just might be worth my time and money to consult an attorney on water rights.I don't have the mineral rights on my place.Yeah the state will always find a way to get what they want one way or another or if it benefits the majority.They will take it,not a lot you can do about it.

 

[backhoeboogie]

Actually, the state of Texas took the water from us years ago. Now they want more. It is illegal to take a bucket of water out of the Brazos without permission of the Brazos River Authority.

 

[Jogeephus]

Actually, the state of Texas took the water from us years ago. Now they want more. It is illegal to take a bucket of water out of the Brazos without permission of the Brazos River Authority.

I can't speak for Texas, but you are dead on here in Georgia. There are a lot of laws and regulations the government has that many are unaware of. They have some very sharp teeth and have been structuring their foundation for years. The saving grace thus far has been many of the regulators used common sense and tried to follow the law's intent rather than the letter of the law. Unfortunately it seems there are more and more extremeists and/or pinheads in the regulatory agencies who want to simply follow the rules to the letter and get self gratification from showing their authority.