Editing Texas Constitution talk:Article XVI, Section 59 (section)

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Texas Water Rights Commission v. Wright, 464 S.W.2d 642 (Tex. 1971)

In 1917, Texas adopted Article XVI, Section 59, of the Texas Constitution, commonly called the Conservation Amendment. Naming waters specifically, the amendment declared that the conservation and preservation of natural resources are public rights and duties. It then ordered that 'the Legislature shall pass all such laws as may be appropriate thereto.' The statutes with which we are here concerned were enacted as a part of that program for the development, preservation, and conservation of the State's natural resources. Clark v. Briscoe Irr. Co., 200 S.W.2d 674 (Tex.Civ.App.1947, no writ).

By way of summary, the vested rights which the permittees held by force of the two water permits, were rights limited to the beneficial use of water. Permittees at no time were vested with the right of non-use of the water for an indefinite period of time. At all relevant times, the State had rights as the owner of the water. It also had a constitutional duty to preserve and conserve its water.