The Law of Capture, as It Pertains to Water Policy

question 51

Multiple Choice

The law of capture, as it pertains to water policy in Texas, essentially means that

• A) the state owns the water rights because it is sovereign over Texas residents.
• B) the federal government has the right to capture water in Texas because of the supremacy clause in the federal Constitution.
• C) the first person to capture the water by pumping it out of the ground owns it.
• D) the state can capture and tax any business that uses state water without reporting usage statistics to the state water board.
• E) only water captured in surface retaining ponds can be owned.

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