How are groundwater rights determined?

by The Brazos River Authority

Texas groundwater has long been governed by the “rule of capture” doctrine, generally meaning if you can capture it from beneath your property it is yours, regardless of impacts beyond your property. However, in the late 1940s, the Texas Legislature passed a law that allowed for the creation of groundwater conservation districts. These entities have limited power over groundwater, primarily in the spacing of wells, education and  planning, prohibiting waste and permitting well drilling.


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