Which state has the authority to regulate surface water rights in Texas?

The authority to regulate surface water rights in Texas is held by the State of Texas due to its established legal framework and policies governing water resources. The Texas Commission on Environmental Quality (TCEQ) is the primary state agency responsible for managing and overseeing the allocation and use of surface water, which is critical given the state's diverse climate and varying water availability.

In Texas, surface water is considered a public resource, and the state maintains the right to allocate water via permits and rights that entities and individuals must secure to use surface water resources. This regulatory structure is established through the "prior appropriation" doctrine, which means that water rights are allocated based on a first-come, first-served principle, often prioritizing those who have historically used the water.

Local municipalities and landowners may have some degree of influence and responsibility regarding water within their jurisdictions, but they operate under the broader framework and rules set by the state. The federal government typically does not have direct authority over surface water rights unless specific federal laws apply, such as those related to interstate waters or environmental protections. Therefore, the regulation of surface water rights in Texas is ultimately a function of state law and policy.