Texas Insider Report: AUSTIN Texas For over 100 years landowners have believed that the Rule of Capture gives them a vested private property right in the groundwater beneath their land said State Senator Troy Fraser (R-Horseshoe Bay) as he introduced a bill last week to clarify groundwater ownership. Senate Bill 332 would clearly state that landowners have a vested ownership interest in the groundwater beneath their property.
The legislation has been filed because some entities are challenging the Rule of Capture in court.
The Rule of Capture was established in 1904 by the Texas Supreme Court. The court ruled that groundwater was the private property of a landowner and that a landowner could not be held liable for harming a neighbors well by exercising their right to capture the groundwater.
That property right gives the ability to drill a well and produce groundwater for their use Fraser said. The legislation is intended to work in conjunction with local groundwater conservation district regulation.
Under the legislation groundwater conservation districts could still require a landowner to get a permit and limit the amount of groundwater that can be
produced. However the legislation would prevent a district from taking a landowners right to capture the water beneath the land.
Landowners recognize that locally elected groundwater conservation districts play an important role in helping manage water to ensure it is available for future generations said Fraser.
But there is a big difference between managing how much water is pumped and denying property owners the right to access the water beneath their land.
A vested ownership interest is a property right that a landowner can legally protect. The right to produce groundwater is a property right that is exclusively the landowners. No one else can come onto private property drill a well and start pumping groundwater. If someone were to attempt it the landowner could legally stop them.
As Chairman of the
Senate Committee on Natural Resources I believe the issue of groundwater rights needs to be debated by the Legislature. Fraser said.
The management of this important asset is key to developing the State Water Plan and ensuring that water is available for the future.
