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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About us

The Brazos River Authority was created by the Texas Legislature in 1929 as the first state agency in the country with the purpose of developing and managing the water resources of an entire river basin. Today, the Authority develops and distributes water supplies, provides water and wastewater treatment, monitors water quality, and pursues water conservation through public education programs. Although the Authority is an agency of the state, it does not levy or collect taxes and is entirely self-supporting.

 

The information provided on this site is intended as background on water within the Brazos River basin. There should be no expectation that this information is all encompassing, complete or in any way examines every aspect of this very complex natural resource. 

 

If you have questions about a post or would like additional information, please contact us at information@brazos.org or call 888-922-6272.