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Texas Transfer of Surface Water Right (19-TX-d)

Information current as of 2024
In Texas, a geothermal developer may acquire surface water rights from another party through a transfer process. Tex. Water Code, Title 2, Chapter 11 Water Rights. The Texas Commission on Environmental Quality (TCEQ) handles transfers of surface water rights.



Transfer of Surface Water Right Process


19-TX-d.1 to 19-TX-d.2 –TCEQ Change of Ownership Form

To transfer a surface water right the developer and the previous owner need to complete a Transfer of Water Rights Ownership Application (TCEQ-10204). The notarized form must also be accompanied by:

  • The appropriate fee(s) payable to the TCEQ; and
  • Certified and/or recorded copies of legal documents establishing a complete chain of title from the owner of record to the current owner.

The form and all accompanying documents must be filed with the TCEQ. 30 Tex. Admin. Code § 297.83.

19-TX-d.3 – Record Transfer with County Clerk

The transfer must be recorded with the county clerk and establish the complete chain of title. 30 Tex. Admin. Code § 297.83.


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Edit Texas Commission on Environmental Quality
Water Access and Water Rights Issues Contact 512.239.3678 Visit Website