Solution Exercise 4
Surface water is owned by the state; use of water for purpose other than domestic and livestock use must be permitted. Groundwater is under the English Doctrine in which land owners may pump as much as they desire unless it causes subsidence and consequent inundation of adjacent properties or is done with malicious intent.
Texas emphasizes local control of the groundwater through GCDs. These have a variety of water management actions, including restricting pumping during droughts or because of loss of spring flow habitats. Recently, Texas courts have ruled that groundwater is a property right and restricting one’s ability to pump (during droughts) is not constitutional.
Adequacy of the aquifer to support future needs is an open question.