Groundwater ruling balances conservation and property rights

Posted on July 24th, 2012

By Billy Howe TFB State Legislative Director The long-awaited decision from the Texas Supreme Court on the Edwards Aquifer Authority v. Day McDaniel makes it clear that the landowner owns the groundwater in place as part of their land. Prior to the Texas Supreme Court’s ruling, landowners were in jeopardy of losing the critical legal balance between governmental regulation and private property rights. It is a balance that applies to all private property rights, not just groundwater. Whether is a federal, state or local regulation, landowners have a legal right to challenge unreasonable regulation of their property. The Texas Supreme Court compared the ownership of groundwater to oil and gas. The Railroad Commission of Texas has regulated the drilling for and pumping of oil and gas for over 100 years. The commission requires permits, dictates well-spacing and limits the pumping of oil and gas each month to prevent waste. Ownership of oil and gas doesn’t prevent regulation...Read More


Upper Trinity GCD Monitoring Water Wells

Posted on September 14th, 2011

Upper Trinity Groundwater Conservation District has a monitoring well program in place. A total of 108 water wells in the District's four counties (Montague, Wise, Parker, and Hood) are monitored on a quarterly basis....Read More


Upper Trinity GCD Can Assist With Water Well Information

Posted on April 24th, 2010

When it comes to water wells, Upper Trinity Groundwater Conservation District has information for residents wanting a new water well, as well as for those with existing wells. Established by voters in Montague, Wise, Parker, and Hood counties in November 2007, Upper Trinity Groundwater Conservation District (UTGCD) has a multi-faceted mission which includes ensuring availability and accessibility of groundwater for future generations. Success for this facet of the mission means new water wells must comply with the spacing requirements established by the eight-member UTGCD Board of Directors. Spacing requirements are addressed on the UTGCD’s New Well Application, a form for residents wanting a new water well. Most water well drillers in the four-county District are familiar with the application and can greatly assist with its completion. “One of the first steps for a landowner wanting a new water well on his or her property is to find a driller. The New Well Application has s...Read More


New Type Of ‘Farming’ May Affect Groundwater

Posted on March 1st, 2010

While North Texas’ farming history is extensive, a new type of “farming” is gaining the attention of area residents. Land farming is a technique for waste disposal involving the spreading of wastes on the land surface, explained Dr. Bob Patterson, general manager of the Upper Trinity Groundwater Conservation District (UTGCD). Typically, land farming is performed in areas adjacent to reserve pits used in the oil and gas industry. Patterson pointed out that the “farmed” land is then tilled and seeded with in-situ bacteria which eventually biodegrades the waste material. The growing plants absorb portions of the chemicals found in the fluids from the pits. This farming system controls waste migration and provides a safe means of disposal without impairing the potential of the land for future use, according to the Texas Railroad Commission, the state agency which regulates land farming and reserve pits. UTGCD is a voter-approved agency which has developed rules for prote...Read More