CHACON CREEK WATERSHED - Texas Water Development Board 2025

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In Texas, water rights depend on whether the water is surface water or groundwater. Surface water is publicly owned and governed by the State of Texas. Without a permit from the Texas Commission on Environmental Quality (TCEQ), landowners may only use surface water for domestic and livestock purposes.
Since 1957, the TWDB has been charged with addressing the states water needs. The TWDB works to ensure Texans have access to sufficient, clean, and affordable water supplies that foster a healthy economy and environment.
In Texas, the landowner owns the groundwater, subject in many areas to rules created by Groundwater Conservation Districts.
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.
Explains how groundwater production and use is managed and regulated in Texas. State law does not provide any state agency with the authority to regulate the use or production of groundwater. Groundwater production and use is managed and regulated by local or regional groundwater conservation districts (GCDs).
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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.

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