Texas Groundwater Permits & Rights

Secure Your Groundwater Access in Texas

Groundwater from underground rivers and aquifers supply approximately 60% of Texas’ usable water supply. Texas groundwater law officially recognizes 9 major aquifers and 21 minor aquifers. Numerous other aquifers across the state provide small water supplies to homeowners, farmers, ranchers, and other businesses.

Texas is the only state in which landowners privately own groundwater. They have rights to the groundwater beneath their surface estate, and can produce as much of it as possible for beneficial use. Owners of groundwater rights may also sell or lease those rights to others.

This doctrine is known as the ‘absolute right of ownership of groundwater.' It was recently upheld in the case of Sipriano v. Great Springs Waters of Am., Inc., more commonly known as the Ozarka case. In fact, the ‘rule of capture’ shields groundwater-producing owners from damages if their neighbors’ wells run dry.

If you need a seasoned environmental attorney to help you assert your groundwater rights or prevent others from infringing upon your access, call McPherson Law Firm PLLC at (214) 722-7096 today.

Groundwater Scarcity and Conservation in Texas

While groundwater rights allow property owners and business operators to work and produce without excessive restrictions, Texas groundwater is becoming scarce. According to research from sources like NASA, this decline will likely continue in the next few decades.

Meanwhile, demands on groundwater supplies are steadily increasing. This limited resource must be managed to balance environmental concerns with the socio-economic needs of the state.

Groundwater conservation districts (GCDs) are one of the state’s major solutions to this issue. If your area is not within a GCD, you can drill water wells of any size in any location (within your property boundaries). You can also pump a practically unlimited amount of water for beneficial use.

Property within GCDs, however, are subject to a host of groundwater regulations that vary depending on each specific GCD.

Here are just a few of those regulatory methods:

• Well-spacing requirements
• Water production limits
• Imposed taxes on the volume of produced water

Occasionally, a GCD may go too far in its regulation, or it may fail to follow the required procedures. In these instances, water rights owners may need to identify and assert rights against a GCD.

At McPherson Law Firm PLLC, we are ready to help you advocate for:

• Due process
• Equal protection
• Specific rights in state law (Texas Water Code Chapter 36)
• Unconstitutional ‘taking’ of a water right
• Inverse condemnation of a water right
• Open meetings
• Public information/open records