This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.
Texas Surface - Unauthorized Use
Category:
State:
Multi-State
Control #:
US-OG-830
Format:
Word;
Rich Text
Instant download
Description
How to fill out Surface - Unauthorized Use?
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FAQ
In Texas landowners have the right to intercept, impound, and use diffused surface water on their land. Their rights are superior to those of adjacent lower landowners and to holders of rights on streams into which the water might eventually flow.
Texas Law. State law allowing someone to sue in court for damages if their property is damaged by water overflow due to a diversion or impoundment.
Section 11.086 of the Texas Water Code says that: (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
The rule of capture is the governing principle of Texas groundwater law. The rule of capture essentially provides that because a landowner owns the water beneath his property, the landowner has the right to pump as much water as he wishes even at the expense of his neighbor.
One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors.
The common-enemy doctrine is a rule that allows a landowner to protect their property from surface waters during a flood without worrying about the effects on other landowners. The name comes from the idea that floodwater is a common enemy to all landowners.
(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(a) Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than 200 acre-feet of water for domestic and livestock purposes.
