surface water is owned by the state, ground water is owned (in TX) by the person who owns the property mineral rights style...at least that's how he said it.

That's correct, water rights can be severed just like oil and gas. However, in some areas there are water conservation districts that regulate the amount withrawn by from a given reservoir by the users and also the water quality in the aquifer recharge zone. Last year I worked quite a bit in Hudspeth County, Texas , about 70 to 100 mikles due east of El Paso. The city of El Paso would pay $3500 per acre for established water rights in the Victorio Peak-Bone Springs aquifer on the west flank of Guadalupe Mountain National Park, while the land surface sold for $50 to $300 dollars per acre with no rights except for a household well or a stock well. Anshutz was the company purchasing water rights out there too.
Bob Ebersole