Dr. Mace reports that groundwater management in Texas is complicated. The groundwater flow is complicated, the history is complicated, the law is complicated and conflicted, and, for the time being, a certain level of legal uncertainty complicates everything. The purpose of his presentation (and paper) is to describe, as simply as possible, how groundwater management currently works in Texas and how we got there.
The foundation of Texas groundwater law and management remains the Rule of Capture. However, the Rule can be substantially modified by locally controlled groundwater conservation districts. What is uncertain at this point is the bright line between effective groundwater management and regulatory takings (that is, when effective management may require compensation, something most districts will want to avoid). Clarity will hopefully come with additional litigation or, perhaps, with Legislative action.
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