What is the legal classification for water that is not subject to ownership?

The legal classification for water that is not subject to ownership is surface water. Surface water refers to water found on the surface of the ground, such as rivers, lakes, and streams. According to Texas law, surface water is considered a public resource, meaning it cannot be owned privately. Instead, it is subject to state regulation, and individuals may obtain permits to use it under specific conditions.

This concept is important in real estate, as it impacts land use and property rights. In Texas, the doctrine of prior appropriation governs the use of surface water, granting rights to those who put the water to beneficial use. Therefore, since surface water is not owned and is regulated by the state, it is the correct answer regarding legal classifications for water.

Groundwater, on the other hand, can often be privately owned and is subject to different rights and regulations under the rule of capture in Texas. Riparian water pertains specifically to rights associated with water bodies adjacent to a property and also allows for some ownership rights. Public water typically references water supplied by municipal systems, which might be owned by a local government or utility, but this does not apply to the broader classification of water that cannot be owned.