Texas Landowners: 3 Things You Need to Know About Groundwater 

It’s National Groundwater Awareness Week, and for Texans, understanding groundwater law is essential. The Texas Water Code defines groundwater as “water percolating below the surface of the earth.” Texas has 9 major water aquifers and 22 minor water aquifers. In total, the groundwater in Texas aquifers is estimated to contain over 17 billion acre-feet. Roughly 60% of Texas’s water is sourced from groundwater. As a landowner, the water beneath your property is a valuable resource, but it comes with some legal intricacies. Here are 3 key points with more detail to keep in mind:

1. You (Probably) Own the Groundwater, But There Are Exceptions. Since 1904, Texas has followed the “rule of capture,” which means you generally have a possessory right to the groundwater under your land. You can pump it for your own domestic use, livestock watering, and irrigation, even at the expense of your neighbor. However, this right isn’t absolute. There are limitations:
   • Groundwater Reservations: The state can designate specific areas where groundwater pumping is restricted due to environmental concerns or potential harm to existing supplies.
   • Edwards Aquifer Authority: In the region influenced by the Edwards Aquifer, pumping is strictly regulated to protect this vital water source. 
   • Texas Caselaw: Over the years, Texas courts have placed prohibitions on landowners from pumping water for a wasteful purpose; pumping water for the purpose of maliciously harming an adjoining neighbor; causing land sinking; and drilling a well that crosses an adjoining property line. 
2. Groundwater Districts Might Have a Say. Many areas in Texas have Groundwater Conservation Districts (GCDs). These districts were established in 1949 to manage groundwater usage. Before pumping groundwater, it is crucial that Texas landowners determine whether their property is located within a GCD and, if so, landowners should obtain a copy of the GCD local rules to ensure compliance when drilling a well and producing groundwater. Currently there are 98 GCDs in Texas. These districts have the authority to:
   • • Implement Pumping Allowances: They might set well-spacing requirements and pumping/production limits to ensure that pumping on one property does not cause substantial draw-down of the water table on another. These limitations are based on scientific studies of the water tables, changes in population, and changes in water demand to ensure sustainable water use.
     • Require Permits: Texans who own private water wells are not required to register their water wells with the state unless their property lies within the jurisdiction of a GCD. Although, it is important to note that all private well owners must submit a State of Texas Water Well Report when a new well is drilled. 
     • Monitor Water Levels: GCDs often track water table levels and may impose restrictions during droughts (which we often see in Texas) or periods of low water availability.
   • Tip: Identify if your property falls within a GCD and visit their website at https://www.twdb.texas.gov/groundwater/ or contact them directly to understand their specific regulations. 
3. It’s Not All About You: Responsible Use Protects Everyone. While you own the groundwater beneath your land, your pumping shouldn’t significantly harm your neighbors’ ability to access theirs. The Texas Comptroller estimates that groundwater supplies will decrease 32.4 percent between 2020 and 2070. Excessive pumping can lower water tables for everyone in the area. Here’s how responsible use benefits everyone:

• • • • • Prevents Water Table Decline: Sustainable pumping practices help maintain stable water table levels, ensuring long-term access for all landowners.
        • Reduces Land Subsidence: Excessive groundwater withdrawal can cause the ground to sink, damaging infrastructure and property. Houston along with other cities located along the northern Gulf of Mexico have experienced rapidly growing rated of subsidence. 
        • Protects Springs and Ecosystems: Groundwater feeds springs, streams, and wetlands. Responsible use helps maintain healthy ecosystems that rely on this vital resource. In 2023 we saw many springs in Central Texas dry up, causing historical places such as Comal Springs and San Marcos Springs to hit historical lows. 

National Groundwater Awareness Week is a great reminder to be mindful of this precious resource. By understanding your rights and respecting our beautiful Texas ecosystem, we can ensure a sustainable future for Texas groundwater.

Want to Learn More?

• Texas Water Code: https://statutes.capitol.texas.gov/Docs/SDocs/WATERCODE.pdf
• Texas Groundwater Conservation Districts: https://www.twdb.texas.gov/groundwater/
• Texas Alliance of Groundwater Districts: https://texasgroundwater.org/ 
• Texas Living Waters: https://texaslivingwaters.org/groundwater/ 

 

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