What We Do

Since 1904, the legal framework for administering groundwater rights in Texas has been the common law “Rule of Capture.”  Under this law an owner of land may drill a well to seek groundwater and withdraw any groundwater that may be encountered, basically without limitation as to amount, place, or purpose of use without incurring any liability to the owner of an adjacent well. For many decades, the Rule of Capture was considered inviolate, and the only change made in this law during that time was to ensure that the water produced was not wasted but put to some beneficial use.

Although the Rule of Capture remains in effect, in the 1950s the Texas Legislature began authorizing the establishment of local groundwater conservation districts, or GCDs.  GCDs are the state’s preferred method of groundwater management, and they are specifically authorized to modify how the Rule of Capture is to be applied within their boundaries, as part of a comprehensive, approved groundwater management plan. Under the specific authorities provided by Texas Water Code, Chapter 36, Subsection 36.101, GCDs may limit aquifer withdrawals under rules governed by Chapter 36 and by their enabling legislation, in order to conserve, preserve, and protect groundwater or groundwater recharge, and to prevent waste of the groundwater resource or groundwater reservoirs in their jurisdiction.