Texas Groundwater Permits & Rights

Secure Your Groundwater Access in Texas

Groundwater from underground rivers and aquifers supply approximately 60% of Texas’ usable water supply. Texas groundwater law officially recognizes 9 major aquifers and 21 minor aquifers. Numerous other aquifers across the state provide small water supplies to homeowners, farmers, ranchers, and other businesses.

Texas is the only state in which landowners privately own groundwater. They have rights to the groundwater beneath their surface estate, and can produce as much of it as possible for beneficial use. Owners of groundwater rights may also sell or lease those rights to others.

This doctrine is known as the ‘absolute right of ownership of groundwater.' It was recently upheld in the case of Sipriano v. Great Springs Waters of Am., Inc., more commonly known as the Ozarka case. In fact, the ‘rule of capture’ shields groundwater-producing owners from damages if their neighbors’ wells run dry.

If you need a seasoned environmental attorney to help you assert your groundwater rights or prevent others from infringing upon your access, call McPherson Law Firm PLLC at (214) 722-7096 today.

Groundwater Scarcity and Conservation in Texas

While groundwater rights allow property owners and business operators to work and produce without excessive restrictions, Texas groundwater is becoming scarce. According to research from sources like NASA, this decline will likely continue in the next few decades.

Meanwhile, demands on groundwater supplies are steadily increasing. This limited resource must be managed to balance environmental concerns with the socio-economic needs of the state.

Groundwater conservation districts (GCDs) are one of the state’s major solutions to this issue. If your area is not within a GCD, you can drill water wells of any size in any location (within your property boundaries). You can also pump a practically unlimited amount of water for beneficial use.

Property within GCDs, however, are subject to a host of groundwater regulations that vary depending on each specific GCD.

Here are just a few of those regulatory methods:

• Well-spacing requirements
• Water production limits
• Imposed taxes on the volume of produced water

Occasionally, a GCD may go too far in its regulation, or it may fail to follow the required procedures. In these instances, water rights owners may need to identify and assert rights against a GCD.

At McPherson Law Firm PLLC, we are ready to help you advocate for:

• Due process
• Equal protection
• Specific rights in state law (Texas Water Code Chapter 36)
• Unconstitutional ‘taking’ of a water right
• Inverse condemnation of a water right
• Open meetings
• Public information/open records

What to Expect in the Texas Groundwater Permitting Process

Obtaining or defending a groundwater permit in Texas often involves more than filing an application—especially when a Groundwater Conservation District (GCD) requests additional information, nearby landowners raise concerns, or your project requires a higher pumping volume. McPherson Law Firm PLLC helps clients in Dallas and across Texas navigate the process efficiently, reduce delays, and protect long-term water access for agricultural, commercial, municipal, and development needs.

Key Steps (and Where Applicants Commonly Get Stuck)

• District-specific requirements: Each GCD has its own rules, forms, and spacing/production limits. Missing a local requirement can trigger re-submittals and extended review periods.
• Defining the proposed use and production: How you describe the purpose, pumping rate, and annual volume can affect permit conditions, duration, monitoring requirements, and renewal options.
• Well planning and documentation: Incomplete well specifications, inconsistent site maps, or unclear metering plans are frequent reasons for follow-up requests.
• Notice and protests: Many applications require notice, and protests can lead to a contested hearing. Early legal strategy can help avoid unnecessary disputes or narrow the issues.
• Hearings, conditions, and appeals: If the district proposes limiting conditions or denial, deadlines for responding and preserving appeal rights can be short.

How Legal Counsel Can Add Value

Groundwater matters blend property rights, district rules, technical data, and administrative procedure. We assist with:

• Application strategy and drafting to support the requested production and strengthen the record
• Responding to GCD information requests and negotiating permit conditions
• Protest management, including resolving objections before a hearing when possible
• Contested case preparation, including evidence organization and witness coordination
• Renewals, amendments, and enforcement defense for existing wells and operations

Bring the Right Information to Your Consultation

If available, having the items below can help us quickly assess options and next steps:

• Property location and acreage (plus any surveys or plats)
• Existing well details (depth, casing, pump capacity, completion report)
• Target pumping rate/annual volume and intended use
• Any correspondence from the GCD (requests for information, proposed conditions, notices)
• Project timeline and whether financing, development, or operations depend on approval

Planning a new well or facing a permit challenge? Our Dallas-based team can help you pursue a practical path to approval while protecting your groundwater rights and operational flexibility.