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Do mineral and water rights come with the land in Texas?

TexasReviewed October 2026

Not always. In Texas, mineral rights are often severed from the surface and may be owned by someone else, and groundwater or even wind rights may have been reserved by a prior owner. Groundwater generally belongs to the landowner but its use is regulated by local groundwater conservation districts, while surface water belongs to the state and needs a permit. Review the deed chain and title commitment for reservations, and ask the seller in writing exactly which rights transfer with the sale.

Check your local rule. This varies by state, county or city. Your permitting office has the final word; the official lookup pages below show you who that is.

Sources

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General information, written in our own words from the sources listed with each answer. It is not legal, engineering, tax or financial advice. Rules change and differ by state, county and city, so confirm with the office that issues your permit before you build. Last reviewed October 2026.