Texas Accepts First Dedication of Water Rights for Environmental Protection in 20 Years

Texas Parks and Wildlife Department (TPWD) announces it has helped secure a 10-year commitment of 200 acre-feet per year of surface water to help conserve Big Cypress Bayou in northeast Texas.

The water right, purchased by The Nature Conservancy in Texas (TNC) and dedicated to the Texas Water Trust, will help TPWD manage habitat for native fish and mussels in Big Cypress Bayou, which flows into Caddo Lake. It will also support recreational opportunities downstream, where TPWD has partnered to establish ten paddling trails. 

“Effective fish and wildlife management relies on effective water management,” said TPWD Executive Director David Yoskowitz. “The health of our waters and the health of our state are inextricably linked, and we are pleased to help facilitate this dedication from TNC for the betterment of all Texans by helping maintain flow standards for the river basin of Big Cypress Bayou.”

Texas cattle ranchers Bob and Kimmie Sanders of Cypress River Ranch worked with TNC and sold a portion of their water rights to the organization, which in turn, TNC dedicated to the Texas Water Trust. TNC’s dedication is the first into the trust by a nonprofit and the first in nearly 20 years, building on three previous dedications – two in 2003, comprising 1,236 acre-feet per year on the Rio Grande, and another in 2006 providing 33,108 acre-feet per year on the San Marcos River.

“We hope that this partnership with the Sanders and TPWD serves as a model for other organizations and private landowners who are interested in using their water rights to protect the freshwater resources of the state,” said Ryan Smith, Director of Water and Science for TNC in Texas. “As we face water scarcity issues, the incentives available through Texas Water Trust help ensure there’s enough for all of us.”

Texas Water Trust provides a legal mechanism for holders to donate, lease or sell their water rights for environmental purposes. Established by the Texas Legislature in 1997, the trust is administered by Texas Water Development Board while TPWD helps facilitate dedications.

“Ensuring a secure water future for Texas requires protecting our stream flows, aquifer levels, and inflows to bay and estuary systems,” said Texas Water Development Board Executive Administrator Bryan McMath. “As water demands increase across the state, this commitment to the Texas Water Trust will help preserve environmental flows to important freshwater ecosystems.”

In 2021, legislators charged TPWD with facilitating and encouraging more dedications of surface waters. Benefits to holders include:

• Conserving water, one of Texas’ most important natural resources
• Helping to conserve fish and wildlife resources
• Ensuring the water right does not get canceled for non-use
• Providing potential tax benefits
• Exemption from annual water use reporting fees

“The time will come when this ranch will be passed on to the next generation, so we have to build a roadmap for sustainability and profitability,” said Bob Sanders, Owner of Cypress River Ranch.

Visit the Texas Water Trust site for details on dedicating water rights, and how the trust works through the Texas Water Bank that assists in voluntary water-rights transfers between willing buyers and sellers. The transfer may be either temporary or permanent, and in most instances, will require a permit modification from the Texas Commission on Environmental Quality.