Water is one of Texas’s most valuable resources — and it’s regulated in several ways depending on whether it’s above or below ground.
Surface Water: Owned by the State
In Texas, all surface water—like lakes, rivers, and streams—is owned by the State and held in trust for the public. The Texas Commission on Environmental Quality (TCEQ) is the state agency in charge of managing this resource.
TCEQ grants water rights to groups such as municipalities, river authorities, and ranchers. These rights allow them to use specific amounts of surface water. Water rights holders can also sell surface water through contracts. These contracts can include curtailments, or usage limits, that kick in during drought conditions.
For tips on how to help protect our lakes, rivers, and streams, visit KyleStormwater.com.
Groundwater: Owned by the Landowner
Groundwater—water stored underground in aquifers—is regulated under a different principle called the Rule of Capture, often nicknamed “the law of the biggest pump.” Under this rule, if you own the land, you own the water beneath it. You’re allowed to pump as much as you want, even if it affects your neighbor. While this gives landowners flexibility, it can also lead to overuse. That’s where Groundwater Conservation Districts (GCDs) come in.
Groundwater Conservation Districts (GCDs)
To protect aquifers and ensure long-term sustainability, GCDs have been established in many parts of the state. These districts set limits on how much water can be pumped from the ground, particularly in areas with sensitive ecosystems or endangered species.
Not all of Texas is regulated by a GCD, but here in Hays County, because of the unique history of Barton Springs and the Edwards Aquifer, there are four GCDs, two of which overlap. We care about conservation in Central Texas and this means that Edwards Aquifer groundwater is very protected, and folks interested in pumping groundwater from a well in this area are heavily regulated. To operate a well within a GCD, the well-owner must apply for a groundwater well permit from the GCD, which sets restrictions on how much water can be extracted. The groundwater well permit also limits, or curtails, the amount of water that can be pumped if the GCD enters into a drought stage.
