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Groundwater Rights in Texas

In Texas, groundwater is considered the property of the landowner under the Rule of Capture. This page explains what that means, what limitations apply, and how local districts may affect your rights.


What Is the Rule of Capture?

Texas law allows landowners to pump and use groundwater beneath their land. This is known as the Rule of Capture.

Limitations to the Rule
  • You cannot pump water maliciously to harm a neighbor's well.
  • You cannot waste groundwater.
  • You may be liable if pumping causes land subsidence.

What About Groundwater Conservation Districts (GCDs)?

Local GCDs can regulate groundwater use within their boundaries. They may require permits and can limit pumping to protect the aquifer.

Use the GCD Index to find your local district.


FAQs

Can I sell groundwater from my property?

Yes, but local GCD rules may apply. Contact your district for guidance.

Who regulates groundwater in Texas?
  • GCDs: Local regulation of groundwater use
  • TCEQ: Regulates public water supply wells
  • TWDB: Provides data and planning support

Resources