Dear ChatGPT: Can you own a lake but not the land around it in Texas?

An interesting question for a student at Turner. 

I had no idea.

Yes, in Texas, it is possible to own a lake (or a body of water) but not the land around it, but it depends on the specific circumstances. The ownership of lakes and the surrounding land is influenced by a mix of property rights and water rights, and the situation can vary based on whether the lake is navigable or non-navigable, as well as the lake's location (private land vs. public access).

Here’s how it generally works:

1. Non-Navigable Lakes (Private Lakes):

- Private Property: If the lake is on private land (non-navigable), the owner of the land under the lake typically has the rights to the water within the lake as well. This means that if you own a lake situated entirely on your land, you own both the water and the surrounding land.

- Water Rights: While you may own the water, Texas law has water rights regulations governing the use of water. So, even though you can own the water, it doesn’t mean you have unrestricted rights to use or divert it in any way.

2. Navigable Lakes (Public Access):

- Public Ownership of the Water: In Texas, navigable waters (those that are suitable for navigation by boats, barges, etc.) are considered public waterways. If a lake is navigable, the water itself is considered a public resource, and you cannot exclusively own it, even if the land around it is privately owned.

- Riparian Rights: If you own land along a navigable lake, you may have riparian rights (rights related to the use of water), such as the right to access the water and use it for certain purposes like recreation or irrigation. However, you do not own the water itself, and the state retains authority over its management and usage.

3. Exceptions and Special Cases:

- Lakebed Ownership: In some cases, you may own the lakebed (the land beneath the water) but not the water itself. For example, if you own land that includes the lakebed but the water is navigable, the state still controls the water.

- Water Contracts: You might be able to own the land around the lake but have a contract or agreement with the state or a water authority for certain water rights, such as irrigation or industrial use. This doesn’t grant you ownership of the water but allows you to use it for specific purposes.

4. Practical Example:

If you own a non-navigable lake on your property, you can own the lake and surrounding land. If it's a navigable lake, the lake water is public, and the state controls its use, but you can own the land around the lake.

For example, a lake like Lake Travis near Austin is a navigable lake, so the state of Texas controls the water, but adjacent landowners around the lake have property rights over their land.

Summary:

Yes, you can own a lake without owning the land around it in Texas, particularly if the lake is navigable. However, the ownership and use of the water depend on whether the lake is public or private, and the surrounding land is subject to riparian rights if it’s a navigable body of water. Non-navigable lakes generally allow you to own both the land and the water.