University of Arkansas System Division of Agriculture
[email protected] | (479) 575-7646 An Agricultural Law Research Article Groundwater Management in Texas: Evolution or Intelligent Design? by Ronald Kaiser Originally published in KANSAS JOURNAL OF LAW AND PUBLIC POLICY 15 KAN. J. L. & PUB. POL’Y 467 (2006) www.NationalAgLawCenter.org GROUNDWATER MANAGEMENT IN TEXAS: EVOLUTION OR INTELLIGENT DESIGN? Ronald Kaiser" I. INTRODUCTION Groundwater management in Texas is a work in progress. It is evolving from a patchwork of judicial decisions dealing with landowner conflicts over well interference to incremental regulatory changes by legislatively established local groundwater management districts. Except for the Edwards Aquifer Authority, which arguably has elements of intelligent statutory design, the remaining groundwater districts have evolved from planning and education activities to varying degrees of aquifer regulation. The state's burgeoning population growth, recurrent droughts, groundwater mining, restrictions on surface water transfers, increased water demand by cities, rural fears associated with groundwater transfers, and endangered species are the driving factors in this regulatory transfonnation. I Although it is especially important for irrigated agriculture, groundwater also provides drinking water for a number of Texas cities. 2 The Texas Water • Professor, Recreation, Park and Tourism Sciences, Texas A&M University, College Station, Texas.. 1. Tx. WATER DEV. BD., WATER FOR TEXAS: 2002, 25-39 (2002) (discussing the state's population growth by 15 percent between 1990 and 2000, and its predicted growth to over 40 million by 2050 and documenting water supply conditions, demands and limitations); J. E. Buster Brown, Senate Bill]: W?\,e never Changed Texas Water Law This Way Before, 28 ST.