Important Water Law Terms...as used by the Texas Legislature

Terminology of water issues:

Conjunctive Use: The conjunctive use of surface and groundwater consists of harmoniously combining the use of both sources of water in order to minimize the undesirable physical, environmental, and economical effects of each solution and to optimize the water demand/supply balance. Usually conjunctive use of surface and groundwater is considered within a river basin management program when the river and aquifer belong to the same basin.

Rule of Capture: The rule of capture which allows landowners to pump as much water beneath their land as they want without regard for the impact on their neighbors' supply was established in Texas in 1904 and still prevails.

Junior Water Rights: Junior water rights are granted subsequent in time to other water rights in the same basin. These rights are "junior" in time priority to all such rights that were previously granted or recognized by the state. No part of the junior water right can be impounded, diverted, or beneficially used and recognized until the senior right is satisfied in its entirety.

Interbasin Transfers: Interbasin transfers (IBTs) are movement of surface water from one basin to another, subject to approval and regulation in Texas by the Texas Commission on Environmental Quality.

Reuse: Water reuse is the use of surface water that has already been beneficially used once under a water right or the use of groundwater that has already been used. For example, treating wastewater and piping it to a golf course for irrigation is water reuse. There are two types of water reuse: direct reuse and indirect reuse. Direct reuse is the use of effluent from a wastewater treatment plant that is piped directly from the plant to the place where it is used, such as a golf course. Indirect reuse is the use of water, usually treated effluent, which is placed back into a river or stream and then diverted further downstream to be used again.

Desalination: Desalination is the removal of dissolved salts from seawater and from the salty waters of inland seas, highly mineralized groundwaters, and municipal wastewaters. Desalination makes such otherwise unusable waters fit for human consumption, irrigation, industrial applications, and other purposes.

Environmental Flow: Environmental flow is the amount of water needed in rivers, streams, and coastal bays to support fish and wildlife populations.