Texas Water Code

§ 36.002 — OWNERSHIP OF GROUNDWATER

WA § 36.002Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. A. GENERAL PROVISIONS

Statute text

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(a)The legislature recognizes that a landowner owns the groundwater below the surface of the landowner's land as real property.

(b)The groundwater ownership and rights described by this section entitle the landowner, including a landowner's lessees, heirs, or assigns, to:

(1)drill for and produce the groundwater below the surface of real property, subject to Subsection (d), without causing waste or malicious drainage of other property or negligently causing subsidence; and

(2)have any other right recognized under common law. (b-1) The groundwater ownership and rights described by this section do not:

(1)entitle a landowner, including a landowner's lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of that landowner's land; or

(2)affect the existence of common law defenses or other defenses to liability under the rule of capture.

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Legislative history

Acts 2005, 79th Leg., Ch. 1116 (H.B. 2423), Sec. 2, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1207 (S.B. 332), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 590 (H.B. 4112), Sec. 1, eff. June 16, 2015.