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Texas Well Water Regulation

Private wells do not serve public water supply systems and are largely unregulated in Texas. Water sources on private land come in two types: surface water and groundwater, and they operate under different regulations. A well for municipal water use operates under many depth, water table and testing regulations. Public wells also must be drilled by a licensed driller who is subject to a host of regulations.

  1. Private Wells

    • Surface water belongs to the state and can be used by a landowner only with the state's permission. Groundwater is governed by the rule of capture, which basically states that landowners not only have a right to the land they own but also anything under it, including water. A private landowner can pump the water from the ground no matter what effect it might have on surrounding landowners and their wells.

    Absolute Right

    • While water is based on the common law concept of absolute ownership, a private landowner can use or sell all the water he can take from his land. The presumption is that all groundwater is percolating water as opposed to water that comes from subterranean rivers. Unless it is conclusively shown that the water is derived from an underground river, the right of absolute ownership has been upheld repeatedly by the courts and legislature.

    Five Exceptions

    • Under Texas law, a landowner can seek legal remedy for interference with his water rights if an adjoining neighbor drills a slanted well from one property to tap into the source of water on adjacent property, if there is malicious pumping of water with the intent to harm an adjoining landowner, wasting water by pumping it simply to allow it to percolate back into the ground, contamination exists in a landowner's well, and lastly, if damage occurs to adjoining surface land that runs off onto adjoining land. The Texas Legislature, in 1949, established water conservation districts that can make rules to conserve and protect underground water sources.

    Municipal Water Systems

    • A municipal well is considered one which provides water service to 15 or more connections. These wells are regulated by the Texas Commission on Environmental Quality. Among the criteria established by the commission are the conditions that must be met to establish a public system, the management and reporting requirements, rules on customer service policies, the areas that will be serviced, the water rates and reporting requirements. The commission also has authority over the source of the water, all the connecting pipes and equipment, and, ultimately, the safety of the water provided to its customers.

    Water Safety

    • While the TCEQ has oversight responsibility for nearly every aspect of building, maintaining and delivering safe drinking water to municipal systems, it is the federal Environmental Protection Agency that sets the standards that the water must meet to be potable and the testing methods that must be employed to meet federal regulations.

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