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The Rule of Capture governs groundwater law and provides that a landowner has the right to pump water from beneath his or her property, even at the expense of his or her neighbor.
Groundwater is a fundamental water source in Texas, providing about 60 percent of the states total water use. Texas groundwater is sourced from 31 aquifers throughout the state, with nine major aquifers holding about 97 percent of all groundwater available in Texas.
Groundwater in Texas is governed by the legal doctrine known as the Rule of Capture. The Rule of Capture essentially provides that because a landowner also owns the water beneath his property, the landowner has the right to pump as much water as he wishes even at the expense of his neighbor. Texas Water: Basics of Groundwater Law agrilife.org Home Home agrilife.org Home Home
Texas law states that diffused surface water is the property of the landowner until it enters a natural watercourse. Once this water enters a natural watercourse it becomes property of the state. The stock tank exception as discussed above does not apply to diffused surface water. Water in Texas Who Owns It ? FAQ Texas Groundwater Protection Committee (.gov) WaterOwnershipFAQ Texas Groundwater Protection Committee (.gov) WaterOwnershipFAQ PDF
Texas guiding principle for groundwater management has been the rule of capture. Adopted in a 1904 court ruling, this rule gives the landowner the right to capture an unlimited amount of groundwater by tapping into the underlying aquifer. The basics of groundwater law in Texas Texas Living Waters Project groundwater the-basic Texas Living Waters Project groundwater the-basic

People also ask

Can I drill a well on my property? Texas operates under whats called a rule of capture, which means if you own the land, you can drill a well there. If youre located within a groundwater conservation district, however, youll have to abide by their regulations on groundwater withdrawal.
Landowners have a legal right to pump and capture whatever groundwater is available, regardless of the effect of that pumping on neighbors wells or springs that may be fed by the groundwater. This is called rule of capture. Water for People and the Environment Chapter 14 - Texas Aquatic Science texasaquaticscience.org water-for-people-enviro texasaquaticscience.org water-for-people-enviro
Texas follows the Rule of Capture in determining ownership of groundwater. Under this rule, groundwater is considered the private property of the landowner. The Texas Supreme Court first adopted the Rule of Capture in 1904 in a case titled Houston T.C. Ry Co.

tceq groundwater form