Understanding Texas Water Rights in Kerr County

Thinking about buying land or a ranch in Kerr County and wondering who controls the water? You are not alone. In the Hill Country, water is both an asset and a responsibility, and the rules can feel complex at first glance. This guide breaks down how Texas treats surface water and groundwater, what is unique about Kerr County’s geology, and the due diligence steps that protect your investment. Let’s dive in.

Texas water rights basics

Texas treats water in two main categories. Surface water in rivers, creeks, lakes, and impoundments is held in trust by the State of Texas. Most uses require authorization through a permit system. Groundwater beneath your land has historically followed the rule of capture, but today local Groundwater Conservation Districts, called GCDs, can regulate wells and pumping.

For you as a buyer, this means you should not assume you can divert from a creek or pump unlimited groundwater. You need to confirm which set of rules applies to the specific water features on the property and what, if any, permits or registrations are required.

Surface water on creeks and ponds

If a creek crosses your land, you do not automatically control its flow or have an unrestricted right to use the water. Surface water is generally managed by the state through permitting. There are narrow exemptions, such as certain domestic and livestock uses, but you should confirm details before planning any diversion or impoundment.

If a pond was built by damming a defined stream, a prior owner may have needed authorization. If the pond is fed by springs or runoff, it may not be subject to the same rules, but you still need to understand the source. Always verify whether any surface water authorizations exist and whether they run with the land.

Groundwater and wells: Hill Country reality

Groundwater in Texas has long been guided by the rule of capture, but in practice your ability to pump is often limited by your local GCD. GCDs can require well permits or registrations, set spacing rules from property lines or neighboring wells, and cap production during drought.

In much of the Hill Country, private wells supply ranches and rural homes. Yields can vary widely, even on neighboring tracts, because of karst limestone and fractures. Drought can reduce well output and lower water levels. Plan to verify both sustainable yield and water quality as part of your contract.

Springs and intermittent streams

Springs are common in the Kerrville area and can add beauty and utility. They also add complexity. Some springs discharge groundwater that stays on site. Others feed a defined channel that is part of state surface water. The legal treatment can differ depending on the setting. Take time to map the spring’s flow path, note seasonal changes, and confirm whether any state authorization is required for use or impoundment.

Hill Country geology in Kerr County

Kerr County includes karst limestone formations typical of the Edwards and Trinity systems. Karst can move water quickly through fractures and conduits. That can make well yields strong in some spots and limited a short distance away. It also means water can be more vulnerable to contamination from surface activities, especially where recharge is rapid.

Expect variability. One parcel may have a productive well at moderate depth, while a neighbor’s well is deeper with different quality. A site-specific approach is your best protection.

Due diligence steps that matter

Use this checklist to protect your budget and your long-term plans.

• Title and deed review

  • Ask your title company to search for any recorded reservations or conveyances of water rights, water easements, shared-well agreements, and surface water authorizations.
  • Look for deed or plat language mentioning springs, ponds, or the right to divert water.

• Confirm the water regime

  • Identify whether each water feature is surface water subject to state control or groundwater regulated locally.
  • Determine which GCD, if any, covers the parcel. Obtain that district’s rules and confirm whether a permit or registration is required for existing or future wells.

• Well and spring records

  • Obtain water well reports or driller’s logs. These should show depth, casing, static water level, and reported yield.
  • Order a pump test to verify sustained yield under stress. A 24 to 72 hour drawdown and recovery test is a standard benchmark.
  • Test water quality. At minimum, run bacteria (total coliform and E. coli), nitrates, total dissolved solids, pH, and hardness. Add site-specific tests based on local geology and land use.

• Shared wells and easements

  • If the well is shared, obtain the recorded easement and any maintenance or cost-sharing agreement. Confirm that it binds successors and grants sufficient access for repairs.

• Ponds and impoundments

  • If a pond impounds a stream, verify whether past authorizations exist and whether any conditions apply to repairs or enlargement.
  • For spring-fed ponds, document seasonal flow and whether the spring contributes to a defined channel beyond the property.

• Regulatory and service checks

  • Confirm the GCD’s spacing, production limits, and any drought contingency rules.
  • Check with local utilities or the City of Kerrville to understand current service areas, potential future connections, and any certificate of convenience and necessity coverage.

• Environmental and contamination risks

  • Map possible sources of contamination, such as cluster septic systems, heavy animal operations, nearby oil and gas activity, landfills, or areas with historical spills.
  • Consider a hydrogeologic assessment for high-value or spring-rich properties.

• Contracts and disclosures

  • Request any existing well tests, pump service records, and proof of well permits or registrations.
  • Add water-related contingencies to your contract, such as satisfactory pump test results, acceptable water quality, and verification of any shared-well agreement.

First-visit water questions

Use this quick list on your first tour. It will save you time later.

• Is there a well on site? Is it private or shared?
• Do you have the well report or driller’s log and any recent pump tests?
• Have there been recent water-quality tests? Can I see the results?
• Is there a spring or pond on the property? Is it fed by a spring or by a defined stream?
• Are there any known water easements or a recorded shared-well agreement?
• Do you know which groundwater district covers this parcel and whether the well is registered or permitted?

How to evaluate a private well

A well is only as good as its sustainable yield and water quality. Start by reviewing the driller’s log for construction details. Then commission a pump test that runs long enough to mimic real use. Short tests can hide decline in yield under sustained demand.

On water quality, begin with the core panel: bacteria, nitrates, total dissolved solids, pH, and hardness. In some parts of the Hill Country, you may add radiological or metals testing. Use an accredited lab and sample after the system has been flushed and stabilized.

Shared wells and access rights

Shared wells are common on rural subdivisions and multi-parcel ranches. A well-crafted agreement should cover access for service, cost sharing, responsibility for pumps and pressure tanks, and what happens if one owner wants to expand or drill a new well. Make sure the agreement is recorded and runs with the land so it protects future owners too.

What changes in drought

Drought can reduce well yields and trigger GCD curtailments. Some districts adjust allowable production during low aquifer levels or under emergency plans. If you plan to irrigate or support livestock at scale, ask the GCD how drought plans could affect operations. It is also wise to plan storage and conservation measures, such as larger cisterns or high-efficiency fixtures, to ride through dry periods.

Where to check records

Before you waive contingencies, assemble the paper trail.

• Groundwater Conservation District
  • Confirm rules, well registration or permit status, spacing, and production limits.
• Texas Water Development Board
  • Review well logs and regional aquifer information to understand typical depths and yields near your tract.
• Texas Commission on Environmental Quality
  • Check surface water rights records and guidance on when permits are required.
• Kerr County Clerk
  • Search recorded deeds, easements, plats, and any water-related reservations or agreements.
• Local utilities and City of Kerrville
  • Verify service availability, current boundaries, and any plans that could change access to public water.

Practical scenarios you may face

• You plan to remodel a farmhouse and add a guest house. Verify that the existing well can support additional demand and that your GCD allows any needed upgrades or a second well.
• You want to stock a pond for recreation. Confirm whether the pond impounds a stream and whether any prior state authorization exists. Document spring or runoff sources and seasonal variation.
• You are buying a large acreage ranch with sensitive springs. Budget for a hydrogeologic assessment, expanded lab testing, and enhanced storage to protect flows during drought.

How Marjorie Group helps

Water is too important to leave to guesswork. Our advisory approach is built for Hill Country land and ranch purchases that demand careful due diligence. We help you frame the right questions early, coordinate third-party testing, and connect with local authorities so you can make a confident decision. If you are exploring a Kerr County purchase and want a clear, step-by-step plan, reach out to the Marjorie Group.

FAQs

What are Texas water rights for a Kerr County buyer?

• Texas treats surface water as state-managed and groundwater as locally regulated. You must confirm permits for surface water uses and GCD rules for wells.

Do I own the water in a creek on my land?

• No. Surface water is controlled by the state and most diversions or impoundments require authorization, with limited exemptions for domestic and livestock use.

Can I pump unlimited groundwater from my Kerr County well?

• Not necessarily. Local Groundwater Conservation Districts can require permits or registrations, set spacing, and limit production, especially during drought.

What tests should I run on a private well before closing?

• Order a 24 to 72 hour pump test and a core water-quality panel that includes bacteria, nitrates, total dissolved solids, pH, and hardness, then add site-specific tests.

How do I check for water easements or shared-well agreements?

• Ask your title company to search Kerr County records for deed reservations, easements, plats, and recorded agreements that run with the land.

Are springs on my property considered surface water or groundwater?

• It depends. Some springs discharge on site as groundwater flow, while others feed defined channels treated as state surface water. Verify the setting and any authorizations.

Who do I contact to confirm my well’s legal status?

• Start with the local Groundwater Conservation District for rules and registrations, then confirm recorded documents with the Kerr County Clerk and your title company.