The Law of Capture, as It Pertains to Water Policy

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