As we have discussed elsewhere on this blog, Texas can be somewhat complicated when it comes to who owns the water on their land. Surface water is owned by the state and is held in a trust for the public, while groundwater is owned by whoever owns the property under which it sits.
Groundwater in Texas is governed by what is known as the Rule of Capture. What this rule states is that, because people own all of the water that is underneath their property, they have the right to pump as much water as they wish, even if it comes at the expense of whoever is on the surrounding land.
Landowners do not need any sort of permit to access this water and can pump as much as they will beneficially use. The water can also be sold for use at any location, with the Texas groundwater law known colloquially as the "law of the biggest pump."
There are some limits, however, when it comes to the Rule of Capture. Landowners cannot commit acts that result in a waste of water or other natural resources. Property owners also cannot:
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