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SB 332: Relating to the vested ownership interest in groundwater beneath the surface and the right to produce that groundwater.


In the first few days of the 2011 Texas legislative session, a bill was filed that could affect groundwater availability and the flow of springs and streams throughout the Hill Country.

After much debate an amended version of SB 332 passed the house late in the evening during the final days of the legislative session. An analysis of this controversial legislation including who supports it, who opposes it and what concerns remain can be read here. The bottom line is that precious groundwater resources, below the land are being recognized by the state of Texas as the landowners "real property".

Senate Bill (SB) 332 addresses the significant issue of groundwater rights and groundwater regulation. This is not a simple issue; we all need to look carefully and consider what’s best for rural landowners who become vulnerable when significant water resources are sold and shipped elsewhere. We need to consider what’s best for our region, a unique place blessed with flowing springs and creeks that are often dependent on aquifers, and a region which is experiencing a very high rate of growth in a fragile rural landscape.

The property right individual landowners have to groundwater has a long legal history in Texas and is intimately tied to our state water planning processes and regulatory structure. Because these issues are complicated and nuanced, any change in statutory language could have significant effects on groundwater use, regulation and planning throughout the Hill Country and the rest of Texas. These issues can also be very controversial, especially in a region that relies so heavily on groundwater. Because of the uncertain legal consequences of this proposed legislation, we urge our leadership to be very cautious.

HCA has gathered ideas and resources to help Hill Country citizens understand groundwater rights and SB 332. Click here to read HCA's issue paper regarding the current regulatory environment and the changes SB 332, as introduced, would make. For more information about groundwater resources in the Hill Country click here.


Resources

Texas Wildlife Association Testimony on SB 332 and SB667 - Joesph Fitzsimons testimony on SB 332 before the Senate Natural Resource Committee.
The Fallacy of Vested Groundwater Ownership - Bringing science to the SB332 debate, by hydrologists Rene Barker and Raymond Slade, Jr.
Groundwater Call to Action - A GWPC report
Barton Springs Edwards Aquifer Conservation District - Testimony given March 1, 2011
Coastal Bend GCD Testimony - given March 1, 2011
Rice Producers handout - Reason’s to oppose SB 332
SB 332 bill text
Groundwater Ownership - Issue paper developed by a coalition of organizations pushing SB 332
Ground Water Legislation in the 82nd Texas Legislature - National Wildlife Federation and Sierra Club Groundwater position paper
Who owns the Water, A primer on Texas groundwater law and spring flow - An excellent overview written by Ronald Kaiser and published in Texas the State of Springs in 2005
Landowners’ Rights in Texas Groundwater: How and Why Texas Courts Should Determine Landowners Do Not Own Groundwater in Place - Baylor Law Review article by Susana Elena Canseco
Texas Groundwater Issues: Ownership Rights and Regulation 2010 - The perspective of the primary groups advocating for SB 332; Texas Wildlife Association, Texas and Southwestern Cattle Raisers Association and the Texas Farm Bureau
Texas Alliance of Groundwater Districts position paper for the 82nd Legislature
Environmental Defense Blog, “The Legislature Plunges into the Groundwater Ownership Fray”
South Llano Watershed Alliance - An informational resource on groundwater.

Resolutions opposing SB 332:

Pecan Valley Groundwater Conservation District
Barton Springs Edwards Aquifer Conservation District
Region K Resolution on Groundwater Management
Coastal Bend Groundwater Conservation District
Resolution of the Texas Rice Producers Legislative Group - Resolution regarding vested groundwater ownership and sutainable groundwater management.


News

March 19, 2012

High Court Rules That Landowner Rights Also Include Groundwater

"The purpose of a district, in my opinion, is to prevent harm that the rule of capture would allow and to try to the best of their ability to create sustainable aquifer production. The goal as much as possible should be one of sustainability." Read more from Livestock Weekly.

Texas Farmers Battle Ogallala Pumping Limits

“Texas is virtually the only state that functions by the “rule of capture,” which allows landowners to pump essentially unlimited amounts of water. Elsewhere in the U.S., groundwater is a public resource, and the state allows people to use the resource.” Read more from Texas Tribune.

March 5, 2012

Taking a Deeper Look at the Texas Supreme Court’s Ruling on Water

Exactly how (the decision) will change the game is what everyone is trying to figure out. The case clearly established two things. First, that landowners legally own the groundwater underneath their land, and second, that landowners may be owed compensation if state or local regulations go too far in limiting the amount of groundwater landowners can pull. Beyond that things start to get a little murky. Read more from NPR.

February 28 2012

Groundwater ruling potentially unleashes geyser of future cases

Prompted by the severity of the current drought, Texans have been earnestly discussing how to manage the state's water resources for the next several decades to meet the needs of a growing population and dynamic economy. This necessary discussion must now consider last week's ruling on property rights and groundwater by the Texas Supreme Court and how it potentially threatens efforts to regulate and conserve aquifers. The court unanimously ruled Friday that property owners own the water beneath their land just as surely as they own the oil and gas. Read more from Statesman.com.

February 24, 2012

Texas Supreme Court Rules For Landowners in Water Case

In a case with potentially vast implications for groundwater rules in Texas, the Texas Supreme Court has unanimously ruled in favor of two farmers in the San Antonio area who challenged the local aquifer authority's sharp restrictions on their use of a water well on their land. Read more from Texas Tribune. More on groundwater planning here.

June 10, 2011

Water Policy in Texas Legislature Rode on One Word

With the Big Dry upon us, the longstanding fight over the water percolating under the surface in nine major and 20 minor underground aquifers was bound to get contentious before the end of the 82nd legislative session. And it did, at least for a while, because of a single word. Read full Texas Tribune article here.

May 27, 2011

Groundwater Rights bill is on its way to the Governor

The Texas Senate concurred with the House version of SB 332, a best attempt to balance what started out known as the “vested rights” legislation. Many fear the bill will generate more lawsuits and financial strain for Groundwater Conservation Districts. Time will tell. “Texas needs to come to grips with the need to manage our groundwater resources on a sustainable basis for future generations. Ultimately a landowner can’t build a fence around a natural resource such as groundwater. It’s a shared resource even if a landowner has certain rights to the use of that resource” Ken Kramer, Lone Star Chapter, Sierra Club, statement here. More on this issue here.

May 24, 2011

Groundwater Bill on its way

The groundwater bill is closer to becoming a law. The Texas House passed SB 332, which states that a property owner also owns the groundwater beneath their land. Read KUT news report here. Read an analysis of the legislation including who supports it, who opposes it and what concerns remain here.

Harris: Don't let legislators set back hard-won groundwater conservation efforts

Texas is suffering from a drought that is throwing our groundwater conservation districts and landowners into crisis. Legislature is poised to pass CSSB 332, which could cripple our groundwater conservation districts' ability to conserve water, preserve and protect the hydrological cycle and come to grips with Texas' recurrent drought conditions. Read more from Statesman.com here.

The Great Groundwater Grab

Texas is suffering from a drought that is throwing our groundwater conservation districts and landowners into crisis. Sadly, our legislature is poised to pass a bill known as CSSB 332 that could cripple or even destroy the groundwater management system previously put into place. Read more

April 6, 2011

Controversy swirls around water bill at hearing

A controversial groundwater bill before state representatives late Tuesday either promised the calamitous end of groundwater regulation or simply stated the obvious. Read full Lubbock Online article here.

Texas Lawmakers Discuss Controversial Groundwater Bill

"Water is a finite resource. It is the most precious resource that this state is charged with conserving," said Ritter, the committee chairman, as he introduced the bill. Read the full Texas Tribune article here.

April 5, 2011

Texas lawmakers debate water property rights

A state custom that gives landowners the rights to groundwater beneath their land still sparks controversy more than a century after its inception. Read the full Houston Chronical article here.

House must slow groundwater bill

"The legislation appears to be a step away from the comprehensive water planning procedures that lawmakers have been working on for the last 20 years." Read the SA Express-News editorial here.

March 31, 2011

Senate votes to make groundwater a vested right

The Texas Senate approved a bill Yesterday that would establish groundwater as a vested right protected by the state Constitution. For the bill's sponsor, Sen. Troy Fraser, R-Horseshoe Bay, its passage is a clarification of state law and an assurance to landowners that they have the right to the water below their property. For groundwater and subsidence districts across the state, the bill, approved 28-3, is a threat to the management of one of the state's most limited resources. Read full SA Express-News article here.

March 31, 2011

Senate Passes SB 332

The Texas Senate passed a much-discussed piece of groundwater legislation, voting 28-3 to approve a bill stating that landowners in the state have a "vested ownership interest" in the groundwater beneath their land...Texas Tribune report.
More on Hill Country Groundwater.

March 30, 2011

Texas Senate passes groundwater legislation

The Texas Senate reaffirmed Wednesday the rule of capture, a century-old state custom that says landowners have a right to groundwater underneath their land. Read the full Star-Telegram article here.

Groundwater proposal gets a compromise – Serious concerns are still alive

KUT covered the story yesterday, “It’s a critical time for groundwater districts right now”. Read or listen to the story here. Sierra Club released a statement today still opposing the bill, “The Legislature would be subjecting virtually every action by a groundwater district to a potential “takings” claim. Full media release - For history and resources about SB 332 click here.

March 4, 2011

Texas Debates Who Owns Its Water

Read the Texas Tribune article here.

March 1, 2011

Who Owns Texas' Groundwater?

Read the Texas Observer article here.

Febrary 9, 2011

Ranchers lock horns over groundwater

Read the Warton Journal Spectator article here.

February 3, 2011

District wary of senate bill

Read the article from the Bastrop Adviser here.

Janurary 19, 2011

Grassroots fight for local water control takes shape

Read the article from Bastrop Adviser here.

Jaunuary 14, 2011

Landowner groups support Fraser ground water legislation

Read the North Texas E-News article here.

January 12, 2011

Groundwater bill gives property rights groups a leg up

Read the Statesman.com article here.

Texas Senator files bill to clarify homeowner’s groundwater rights

Read article from Star-Telegram.com here.

January 5, 2011

Groundwater ownership can be a Trojan Horse

Read article from the Smithville Times here.

Letter to the editor

Read a letter to the editor written by Mike Organ, President of the Bastrop-Lee County Farm Bureau here.

The Latest News

No Land. No Water.

As the current drought reminds us, water continues to impact the sustainability and growth of Texas' economy. Unfortunately, land is disappearing faster than in any other state, threatening the water resources on which our economy depends. Land conservation is a cost-effective water resource protection strategy. Join TALT October 1st in Austin.

Fall Camping Workshops Announced for Outdoor Families

With cool weather around the corner, the Texas Outdoor Family program has scheduled outdoor recreational workshops statewide though the beginning of December. The workshops offer a low-cost weekend trip where families can un-plug, reconnect with nature, and learn the basics of camping. Read more from Texas Parks and Wildlife.

Aquifer is No Quick Fix for Central Texas Thirst

Water marketers who want to sell to cities say there’s plenty of groundwater, however landowners and conservationists warn that this precious resource could drain in a few decades. What’s the long-term impact on the Colorado River as the groundwater table declines? Who exactly is this water for and what are they willing to pay? Read this excellent article by Neena Satija, Texas Tribune.

Where is the Hill Country?

ACC Professor Don Jonsson takes an interesting look at various degrees of consensus about what geography is included in the “Hill Country.” His data shows Luckenbach as generally the mean center of the region and the Pedernales River Basin 100% Texas Hill Country. View his project findings, map and summary. HCA has a plethora of helpful Hill Country map resources available online and as well as an interactive map viewer.

Wild Pigs!

Landowner groups and Wildlife Coops – Here’s something worth passing along to your member lists. Wild Pigs are an issue throughout the Hill Country region. Here’s an opportunity to learn from the comfort of your own ranch/home computer. Dial in September 18th to from noon to 1:00. Find out how to access this webinar made possible by the Texas Wildlife Association.

"I’m a NIMBY and proud"

“The effects of population growth on traffic are easy to understand. More people equal more cars on the road. More cars on the road equal more congestion. Duh! The real culprit is the rate at which new people are moving here.” Read one bold Austinite's views (who happens to also be a Real Estate Developer) about the real issue facing Austin (and the Hill Country) population. Ed Wendler, Special to the Austin American Statesman.

CARD Hosts a Community Water Meeting September 11

to host a free community meeting this Thursday to discuss why water is an increasingly critical issue, and how we can all be part of improving the outlook. Speakers include Andy Sansom, Executive Director of the Meadows Center for Water and the Environment, Steve Clouse, Chief Operating Officer of San Antonio Water Systems, Ray Whisenant, Hays County Commissioner, Peter Newell, Water Resources Engineer at HDR Engineering, and Bech Bruun of the TWDB. Details

What’s all this fuss about a Parkway through Oak Hill?

The Fix 290 Coalition, a group of over 40 organizations and businesses and 2,800 petition signers, have been advocating for a “parkway" concept to move traffic through Oak Hill and protect the original character and unique natural environment of the area for more than a decade. The City of Austin is now asking for a study of this community driven “parkway” alternative to TxDot’s traditional elevated/frontage road model. Read more from Fix290.

HCA Transmission Line Workshop Generates Crowd

On Saturday, September 6th the Hill Country Alliance hosted a landowner workshop for those landowners potentially impacted by the LCRA's proposed Blumenthal substation and transmission line project. The workshop featured an update from the LCRA on the status of their application to the Public Utility Commission, and a panel discussion of landowner rights during the transmission line routing and construction process. To read a more detailed summary of the event and access speaker presentations, click here.

A Tale of 2 Water Districts: 1 Aquifer, 2 Strategies

A decade ago, prospective water marketers easily secured the rights to pump more than 20 billion gallons of water annually from the Carrizo-Wilcox aquifer in Central Texas’ Burleson County. The company now holding those rights, BlueWater, is negotiating a $3 billion deal to send much of that water to San Antonio. Read more from The Texas Tribune.

Developer pivots on water source for Fair Oaks subdivision

The developer of The Reserve at Fair Oaks Ranch now plans to buy Canyon Lake water to supply the proposed 635-home subdivision after project opponents expressed fears that using groundwater would deplete the Trinity Aquifer. More from SA Express-News.

Cibolo Nature Center & Farm to open restored historic homestead at Herff Farm on Sept. 20 amid festivities

The historic Herff Homestead at the Herff Farm at the Cibolo will open to the public for the first time since its restoration was completed from 11 a.m. to 2 p.m. Saturday, Sept. 20, sponsored by the Cibolo Nature Center & Farm. Learn more

As Drought Persists, Cities Look to Texas ‘Lakes’ to Answer Needs

If the City of Austin continues with its plan to shut down Decker Power plant, Decker Lake, a little known lake that has fed the power plant for more than 50 years, could end up serving as the city's new reservoir. Read more from State Impact.

Hill Country Land Trust urges support for charitable giving

The United States Senate has the opportunity before the end of the year to provide a powerful boost to charitable organizations working to preserve our beautiful Hill Country. Read more from the Hill Country Land Trust.

City Planning for San Antonio Growth Bomb

“Bexar County Commissioners reviewing their own 2015 proposed budget, were told by county planners on Tuesday that the biggest challenge they face now and in the coming years is the startling rate of population growth in the far reaches of the county, well beyond the reach of city services with expectations that county government will meet infrastructure, public safety and social needs.” Read the full story in the Rivard Report.

Green Spaces Alliance's Picture Your World Youth Photography Project 2014-2015

Open to youth ages 8-18, the Picture Your World weekend workshops teach photographic composition and technique through hands-on demonstration, and constructive critique. Participants will produce a visual memory of their day and begin a creative portfolio while experiencing the wonders of the natural environment. Learn more

Austin Sierra Club talks water in two upcoming meetings

Bruce Melton discusses how Texas' changing weather patterns are affecting our water supply and HCA's Sharlene Leurig discusses the newly formed Austin Water Resources Task Force water in two upcoming meetings of the Austin Sierra Club, September 9 and November 11. Learn more

Fredericksburg SHINES Hosts Second Annual Sustainability-Green Home Tour

Fredericksburg SHINES (FBG SHINES), a local organization dedicated to educating the public about sustainable living, will host their second annual Fredericksburg fall tour of homes to spotlight local examples of sustainable, green-living practices. Learn more

Watershed Stewardship for the Edwards Aquifer Region, a Low Impact Development Manual

The Greater Edwards Aquifer Alliance (GEAA) has announced completion of a helpful low impact development publication. This manual was designed for developers, landscape architects, and all of those who live on, or are planning to build over our fragile aquifer recharge areas. The manual is available for download on the GEAA website.

Travis County Wants Your Feedback - Land Water and Transportation Plan Ready for Review

The population of Travis County is expected to grow 50% by 2035 for a total of 1,500,000 people. Planning for growth outside of the city limits is critical for the county to continue to thrive in a sustainable manner. As such, Travis County needs your feedback to ensure the County's first comprehensive, long-range Land Water and Transportation Plan reflects local values and priorities. Click here to learn how you can help Travis County plan for future growth.

California’s water crisis and new groundwater rules are worth learning about

“Streams and lakes have long since shriveled up in many parts of the state, and now the aquifers — always a backup source during the region’s periodic droughts — are being pumped away at rates that scientists say are both historic and unsustainable.” Read more from the Washington Post. Now California lawmakers are overhauling the state's longstanding "pump-as-you-please" groundwater policy under a package of bills lawmakers recently sent Gov. Jerry Brown. Read about California’s new groundwater rules in the Fort Worth Star Telegram. Also read “Desperately Dry” in the New York Times.

Truck Stop in Hill Country Threatens Llano River

Hill Country preservationists are calling on state officials to act after Pilot Flying J, the nation’s largest truck stop operator and diesel fuel retailer, broke ground on an environmentally sensitive site in Junction only a few hundred yards from the banks of the North Fork of the Llano River. Read more from the Rivard Report.

Workshop Will Feature Discussion of Proposed Blumenthal Substation and Transmission Line

A landowner workshop has been planned for all interested in, or potentially impacted by, the proposed substation and transmission line planned for the Blumenthal area, September 6 near Fredericksburg. Learn more

Texans Speak Up for Beautiful Highways: TxDOT withdraws proposal for taller billboards

The Texas Department of Transportation (TxDOT) has withdrawn its June 2014 proposed rule change that would have allowed billboards along federal highways to be taller. After receiving public comments from more than 900 Texans and 15 organizations in opposition to taller billboards, the agency advised today it is removing the item from consideration on the August 28 Texas Transportation Commission agenda. Learn more

The City of Fredericksburg takes steps to protect the night sky

Efforts to limit the nighttime glow in and around Fredericksburg were buoyed this month as the council approved an outdoor lighting standards ordinance, which will primarily affect new residential and commercial development. A complete draft of the ordinance can be found on the city’s website, www.fbgtx.org. Learn about Hill Country attorney-astronomer, HCA Night Sky team member Ken Kattner who records skies from home observatory and advocates for proper lighting in the Hill Country here.

SAWS proposing Burleson County pipeline – questions raised

SAWS presented plans for a 142 mile pipeline from Burleson County to San Antonio at a recent community forum at UTSA. Learn more and watch a video from SAWS news here. While the plan promises 50,000 acre feet of non-Edwards water annually, a Texas Public Radio segment points out that perhaps not enough questions have been raised. Are there consequences related to costs to the community and impacts on San Antonio’s conservation ethic worth exploring? Click here to read and listen to “The Source: Some Critique On A SAWS, Vista Ridge Deal." Decisions will be made by SAWS in September and SA City Council could take this up in October.

Save the date for the October 8th Water Forum: Securing our Water Future

“Innovative Strategies and Hard Choices for a Secure Future” will be moderated by Robert Rivard and hosted at the Historic Pearl Stable in San Antonio. A stellar line-up of speakers includes: Berto Guerra, Bill West, Andy Sansom and Karen Guz. Learn more and mark your calendar today.

The City of Dripping Springs is planning for a “World Class Trail”

“The routes will connect destinations beyond Dripping Springs and will take advantage of opportunities to reach the proposed Violet Crown Trail and other regional trails and parks planned for Central Texas.” Read more and get involved. The City of Dripping Springs is soliciting input.

Rainwater Revival Returns to Dripping Springs on October 25

Look to the sky for your water supply—and learn how to capture and use it at the fifth annual Rainwater Revival, which returns to Dripping Springs on October 25. The popular and free edu-fest event is put on by the Hill Country Alliance. “We began our part-educational, part-fun fest in Dripping Springs in 2010, and after two years there we took the event on the road to other parts of the Hill Country,” said Event Chair Karen Ford. “We’re happy to be coming ‘home’ to share the latest information about rainwater conservation and harvesting at Dripping Springs Ranch Park. Learn more

Lack of Shared Dream Challenges Management of Rural, Open Space

“The population growth has had some obvious impacts, For one, there are a lot more straws, big and small, taking from the groundwater supply.” David K. Langford tells the audience at a recent private lands summit hosted by the Texas Wildlife Association. Read more from Livestock Weekly.

NPSOT Native Landscape Certification Program - Register Now for 2014 Fall Classes

The Native Plant Society of Texas Native Landscape Certification Program is a series of courses that teaches best practices for native plant landscape and habitat preservation. Targeted audiences are homeowners, native plant enthusiasts, landscape architects, architects, landscape designers and nurserymen, Master Naturalists, teachers, citizens, Master Gardeners, engineers, and more. Learn more and register.

San Antonio Mulls $3 Billion Water Supply Project

Depending on whom you ask, San Antonio might either be on the cusp of securing its water future at a relatively low cost, or it is pinning most of its hopes on a multibillion-dollar boondoggle that could diminish the water supply for fast-growing Central Texas and wouldn’t deliver what San Antonio expects. Read more from the Texas Tribune

Hill Country Alliance Announces Winners of Photography Contest for 2015 Calendar

“It’s through photographs like these that we help share the importance of protecting our Hill Country environment, and one of the reasons our calendar has been so popular with both area residents and nature lovers worldw

Upcoming Events

September

September 17 in Lakeway - Water Matters by Central Texas Water Coalition - Details

September 18 in Austin - The Barstow Speakers Series: Wat're the possibilities? Strategies to Reduce the Strain on the Colorado River - Details

September 20 in Fredericksburg - Fredericksburg Shines 2nd Annual Sustainability Green Homes Tour - Details

September 22 in Kerrville - Monthly meeting of the Texas Master Naturalists - Topic: Hill Country Land Trusts, Speaker: Bill Lindemann, Vice President of Hill Country Land Trust - Details

September 25 in Fredericksburg - Hill Country Alliance Leadership Summit - Details

September 26 in Kerrville - 2014 New Landowner Series: Back to Basics, Home Gardening, Chickens, Natural vs. Organic - Presented by the Texas A&M AgriLife Extension Service - Details

September 26-28 in Belton - Renewable Energy Roundup - Details

September 27-28 in Boerne - Texas Hydro-Geo Workshop - Details

September 28 in Austin - 7th Annual Celebration of Children in Nature - Hosted by The Children in Nature Collaborative of Austin and the Westcave Outdoor Discovery Center - Details

October

October 1 in Austin - No Land, No Water: Tools & Strategies for Conserving Land to Protect Water Resources - Presented by Texas Agricultural Land Trust - Details

October 8 in San Antonio - Water Forum V: A regional forum on our future - Details

October 16 in Boerne - Hill Country Agri-land workshop - Details

October 17-19 in Alpine - Society for Ecological Restoration Annual Conference: Ecological Restoration in the Southwest - Details

October 24 in Utopia - Stars over Utopia - Learn how to protect our night skies and do some stargazing - Details

October 25 in Dripping Springs - HCA's 5th Annual Rainwater Revival! - Details

See more upcoming events


2015 Calendar

HCA's 2015 Calendar is coming soon! Check back for availability.

Check out the top photos from our 2014 HCA Photo Contest


Imagine a place where vibrant communities draw strength from their natural assets to sustain their quality of life. A place where citizens care about protecting the special qualities of a region – their region. A place where people and partners band together to envision a better economic future, tackle shared challenges and care for the natural, scenic, and recreational resources that define the place they call home.
~This is a Conservation Landscape



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