In Texas, water rights depend on whether the water is surface water or groundwater. Surface water is publicly owned and governed by the State of Texas. Without a permit from the Texas Commission on Environmental Quality (TCEQ), landowners may only use surface water for domestic and livestock purposes.
However, Texas law provides an exemption from the state water permit process for small ponds used for domestic, livestock, wildlife and purposes with less than 200 acre-feet in storage capacity. Diffused surface water is the private property of the landowner. No permit is required to use this water to fill the pond.
In Texas, anglers who fish privately owned water bodies are not required to hold a state fishing license. That covers a lot of water - the thousands of stock tanks, farm ponds, subdivision lakes or other impoundments wholly owned by private landowners. No license is required to fish those waters.
There are very few natural lakes in Texas. Some of the small natural ones have been held to be non navigable and therefore subject to private ownership and control.
Fairfield Lake is the largest private lake in the state and is estimated to be about 50-feet deep. The property, marketed by Hortenstine Ranch Company, is in its namesake city of Fairfield and is about 90 miles southeast of Dallas.
A permit from the Texas Natural Resource Conservation Commission is required before anyone may build a dam or otherwise store, take, or divert state water from a navigable stream. Even on a non navigable stream, a permit is required for a dam impounding more than 200 acre feet of water.