Understanding Permitting and Water Rights in Texas

In Texas, groundwater is governed by a combination of state law and local regulation. This page provides an overview of groundwater rights, permitting requirements, and where to go for help. While the TWDB does not regulate groundwater use, we offer tools and resources to help you understand how groundwater is managed in Texas.

Groundwater Rights in Texas

  • Rule of Capture

    • Texas follows the "rule of capture", meaning landowners generally have the right to pump and use groundwater beneath their land.

  • Limitations to the Rule
    • Cannot maliciously harm a neighbor's well
    • Cannot waste groundwater
    • May be liable for damages if pumping causes land subsidence
    • Use can be limited by Groundwater Conservation Districts
  • Groundwater Conservation Districts (GCD)

    • Local GCDs are the primary regulatory bodies for groundwater use. They may require permits for drilling or pumping.

Tools and Resources

Groundwater Conservation District Index

Common Questions

  • Do I need a permit to drill a well?

    • It depends on your location. Contact your local GCD.

  • Can I sell groundwater from my property?

    • Possibly, but it may be subject to local regulation.

  • Who regulates groundwater in Texas?
    • Groundwater is regulated locally by GCDs.
    • The Texas Commission on Environmentally Quality regulates public water supply wells.
    • The TWDB provides data and planning support but does not issue permits.

Who to Contact

  • Your local Groundwater Conservation District

    • Use the GCD Index to find contact info.

  • TCEQ's Water Supply Division pdws@tceq.texas.gov or 512-239-4691