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Groundwater Texas' guiding principle for groundwater management is the rule of capture. Adopted in 1904, this rule gives the landowner the right to capture an unlimited amount of groundwater by tapping into the underlying aquifer. This is why the rule of capture is often referred to as the law of the biggest pump. By relying on the rule of capture, our historical approach has been to limit all public control of groundwater. This practice seems to work best when neighboring landowners are withdrawing similar amounts of water or they are not affecting each other's ability to withdraw "their" groundwater. Topics Groundwater Conservation Districts Groundwater Management Area Process Additional Resources Related Information GMAs and Desired Future Conditions Groundwater Conservation Districts Groundwater districts, which have been Texas' preferred management tool for groundwater resources since the 1950's, have the ability to modify the rule of capture slightly. They have the authority to regulate spacing and production of wells to ensure the availability of groundwater within the district's boundaries and they can deny a permit to withdraw groundwater based on the effect it may have on aquifer conditions. The districts can require a permit amendment and charge a fee for an export, but they cannot deny the permit based on the groundwater's destination and they cannot adopt rules to limit exports. As of 2006, 84 groundwater conservation districts covered approximately 55 percent of the state. Click here to see if your property is located within a district. Contact information for the districts is available through the Texas Alliance of Groundwater Districts. Groundwater Management Area Process The state is currently divided into 16 groundwater management areas (see map). Groundwater conservation districts within each GMA are required to define 'desired future conditions' for the groundwater resources within the GMA. These desired future conditions are a quantifiable management goal such as an aquifer level, a particular level of water quality, a volume of springflow, etc. Based on the chosen desired future condition, the Texas Water Development Board determines how much groundwater is available (termed 'managed available groundwater') for withdrawal. These volumes in turn become the permitting targets for the groundwater districts and will be used in the state's regional water planning process. Texas statute requires that GMAs submit their desired future conditions to the Board by September 2010. However, in order for the managed available groundwater numbers to be incorporated into this round of regional water planning (2007-2012), the desired future condition statements need to be submitted by December 2007. Additional Resources
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