Groundwater Management in Texas. Common Law. No Tort Liability—The East Case No Wasting Water—Pleasanton v. Corpus Christi No negligent pumping (that causes subsidence)—Friendswood Development v Smith Southwest Industries. Common Law. Corollary to “Absolute Ownership Doctrine”
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Equilibrium: Inflow = Outflow
Relative increases and decreases are aquifer specific
"Beneficial" use also includes all the Railroad Commission regulated activities (oil, gas) and sulphur or other minerals.
And "any other purpose that is useful and beneficial to the user."
"WASTE" is defined by the Texas Legislature (Section 36.001(8), Water Code) to include:
water unsuitable for gardening, agriculture, stock raising or human consumption;
allowing the water to run off the well owner's land or to "percolate through the stratum above which the water is found".
(c) A district may require that the following be included in the permit or permit amendment application:
(4) a water conservation plan or a declaration that the applicant will comply with the district's management plan;
(7) a drought contingency plan.