Unlike surface water which is owned by the state, groundwater in Texas belongs to landowners who have the right to pump water from beneath their property. However, this right isn’t unlimited. Texas has established several important regulations and restrictions to manage groundwater pumping and protect this vital natural resource.
The state has moved beyond the historical “rule of capture” – sometimes called the law of the biggest pump – to implement more structured oversight of groundwater usage. Here are the key regulations that affect groundwater pumping in Texas:
Groundwater Conservation Districts
The state’s preferred method for managing groundwater is through Groundwater Conservation Districts (GCDs). These districts have the authority to:
- Regulate groundwater production through permitting requirements for non-exempt wells
- Establish well spacing requirements to prevent overcrowding
- Create and enforce rules to conserve and protect groundwater resources
- Control land subsidence
- Prevent waste of groundwater
- Manage aquifer recharge
These comprehensive powers allow GCDs to effectively balance the rights of property owners with the need to protect groundwater resources for future generations.
River underflow restrictions
Texas Water Code places specific limitations on pumping water that comes from the underflow of rivers. This helps protect the complex relationship between surface water and groundwater systems, ensuring sustainable water management across the state.
Edwards Aquifer regulations
Special rules apply to groundwater pumping from the Edwards Aquifer. The Edwards Aquifer Authority has jurisdiction over this critical water source and implements specific regulations to protect and manage its use.
Basic pumping limitations
Even outside of these specific restrictions, Texas courts have established fundamental limitations on groundwater pumping. Landowners are prohibited from:
- Pumping water maliciously to harm neighboring properties
- Pumping water for wasteful purposes
- Causing land subsidence on adjoining property through negligent pumping
- Drilling slant wells that cross property lines
For landowners seeking to pump groundwater in Texas, understanding these regulations is essential.
Local Groundwater Conservation Districts serve as the primary point of contact for permits and compliance requirements. Property owners should consult with their local GCD to understand specific rules and restrictions that may apply to their location and intended water use.
