TEXAS GROUNDWATER

Texas groundwater: the rule of capture, groundwater conservation districts and water availability

How groundwater law works in Texas — rule of capture, groundwater conservation districts, desired future conditions — and what it means for wells, land and new water demand.

By Argos Tellus · Updated October 1, 2026

KEY TAKEAWAYS

Groundwater supplies more than half of the water used in Texas, and irrigation is its largest use (Texas Water Development Board).
Texas follows the rule of capture: a landowner may pump groundwater beneath their land, except where a groundwater conservation district (GCD) regulates production.
Texas has 98 confirmed groundwater conservation districts, covering most of the state; the Legislature calls GCDs the state’s preferred method of groundwater management.
In Edwards Aquifer Authority v. Day (2012), the Texas Supreme Court held that landowners own the groundwater beneath their property in place, a property interest that regulation must respect.
Texas state water plans project large shortages if a drought like the 1950s drought of record recurs — making aquifer-level availability a core risk for growth, agriculture and new industry.

How important is groundwater in Texas?

Groundwater meets more than half of Texas’s total water use, according to the Texas Water Development Board (TWDB), and most of that groundwater goes to irrigation — especially on the High Plains, where the Ogallala aquifer supports a large share of the state’s irrigated agriculture. Cities including San Antonio (Edwards aquifer), much of the Houston region (Gulf Coast aquifer, historically — see Houston subsidence) and many Hill Country and West Texas communities depend on wells.

Texas’s major aquifers include the Ogallala, Edwards (Balcones Fault Zone), Edwards-Trinity (Plateau), Trinity, Carrizo-Wilcox, Gulf Coast, Pecos Valley, Seymour and Hueco-Mesilla Bolsons, along with many minor aquifers such as the Dockum. They differ enormously in recharge, storage and water quality, which is why availability must be assessed aquifer by aquifer.

The rule of capture

Texas adopted the English common-law rule of capture for groundwater in 1904 (Houston & Texas Central Railway Co. v. East). Under it, a landowner can pump as much water as they can capture from beneath their land, without liability to neighbors whose wells are affected — subject to limits such as no malicious or wasteful use.

The rule still applies today, but the Texas Water Code makes it subject to regulation by groundwater conservation districts. In practice, the rule of capture now governs mainly in the parts of the state with no district.

Groundwater conservation districts (GCDs)

GCDs are local political subdivisions created to conserve, protect and manage groundwater. According to TWDB there are 98 confirmed districts, covering most of the state’s area. The Legislature has declared GCDs the state’s preferred method of groundwater management.

Permits — most districts require permits for non-exempt wells, especially high-capacity production wells.
Spacing — minimum distances between wells and from property lines to limit well interference.
Production limits — caps often tied to acreage owned, plus historic-use protections.
Drought management — curtailment stages triggered by water levels, springflow or drought indices.
Exempt wells — domestic and livestock wells below a size threshold are generally exempt from permitting.

Desired future conditions and joint planning

Districts within each groundwater management area (GMA) jointly adopt desired future conditions (DFCs) — measurable goals for an aquifer, such as an allowable average drawdown over 50 years. TWDB then estimates the modeled available groundwater (MAG) consistent with those DFCs, and districts consider MAG when issuing permits.

For anyone planning new demand — a city, an irrigator, a subdivision or a data center — DFCs and MAG values are an early signal of how much additional pumping a district is likely to permit.

Edwards Aquifer Authority v. Day

In 2012 the Texas Supreme Court held in Edwards Aquifer Authority v. Day that landowners own the groundwater beneath their property in place, and that this ownership is a vested property right protected by the Texas Constitution. Regulation remains valid, but restrictions can give rise to takings claims. The decision reinforced the value of groundwater rights in land transactions.

Texas water supply outlook

TWDB’s state water plans, prepared every five years from regional plans, project how much water Texas will need and what happens in a repeat of the drought of record. The 2022 State Water Plan projected unmet needs of about 6.9 million acre-feet a year by 2070 in such a drought if no new supplies were developed, and noted that groundwater supplies are expected to decline as aquifers are drawn down.

Combined with population growth and new industrial demand, that outlook makes aquifer condition at the site level — trend, saturated thickness, district rules and neighboring pumping — central to Texas land, lending and development decisions. See groundwater depletion for how decline is measured.

Frequently asked questions

Does Texas still use the rule of capture?

Yes. Texas follows the rule of capture for groundwater, but it is subject to regulation by groundwater conservation districts, which cover most of the state and can require permits, set spacing and limit production.

How many groundwater conservation districts are in Texas?

The Texas Water Development Board lists 98 confirmed groundwater conservation districts, covering most of the state.

Who owns groundwater in Texas?

The landowner. In Edwards Aquifer Authority v. Day (2012), the Texas Supreme Court held that landowners own groundwater in place beneath their land, subject to reasonable regulation.

How much of Texas’s water comes from groundwater?

More than half. TWDB water-use estimates show groundwater supplying the majority of water used in Texas, with irrigation the largest use.

What are desired future conditions?

Measurable goals for an aquifer — for example, an allowable average drawdown over 50 years — adopted jointly by the districts in a groundwater management area. They determine the modeled available groundwater districts use in permitting.

HOW ARGOS HELPS

Phreatic — groundwater availability

Distinct models for the Edwards, Ogallala, Gulf Coast and Dockum aquifers, with a classifier routing every well to the right one.

CARI — aquifer reasoning agent

Trained on well inventories, drawdown histories, recharge records and TCEQ and GCD case files.

SOURCES

Figures are taken from the primary sources above and dated as of the update shown. Concentrations are expressed in mg/L. Spot an error? Email support@argostellus.com.

RELATED GUIDES

Need a site-specific answer?

Argos models groundwater availability, drawdown and contamination for individual sites and portfolios.

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