The "Law of Capture" as It Pertains to Water Policy

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) that the first person to "capture" the water by pumping it out of the ground owns it.
D) that 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.