txags92 said:K2-HMFIC said:HTownAg98 said:
This is very broad and generally true most of the time, but there are exceptions.
First, the water under your property is a vested property right, but its not owned in place like oil, gas, and other minerals. Texas groundwater is governed by the Rule of Capture, which means if you can pump it out of the ground, it's yours. That can create problems if you have a bunch of high water users move in and put in a bunch of wells. You start lowering the water level, wells run dry, subsidence occurs, brackish water intrusions into the water, etc., and other bad things start to happen. To help prevent over-extraction of water, many areas have formed Groundwater Conservation Districts that can issue regulations, permits, etc., to manage the resource.
The problem is...and this is going to get political...the local voters distrust government and dont want a water district.
And the problem with that is that under current state law, only a groundwater conservation district can stop somebody from coming in next door and installing a bigger pump. Under existing state case law around the rule of capture, if the city installs a bunch of wells next door and pumps the aquifer dry the surrounding landowners have no recourse against them. There is no law that can stop them and no avenue to gather civil penalties for it. If the act of running their wells dry was not done maliciously with intent to harm them by CC, they cannot recover damages for it.
Nobody wants a HOA either until the neighbor parks a set of rusty mobile homes on his lot and starts renting them out by the week as a post-prison halfway house release point. Sometimes government is neither desired nor trusted, but that doesn't mean it isn't sometimes needed as well.
We have a historic precedent in Texas: the Texas Railroad. Not exactly the same but the TRRC was created in part to deal with the overproduction of oil in the east Texas field(s) and to try and to inject some practical reality into exploration and production. Rule of capture still applies but you have to comply with the regulations promulgated by the TRRC before you get to capture.
Surely there's something the state can do about this looking to the model of the TRRC.
