Water and Eminent Domain

During the 78th Texas Legislative Session, HB 803 was signed into law. This act relates to the authority of a political subdivision to exercise the power of eminent domain to acquire rights to water. HB 803 sets strict guidelines to which subdivisions must adhere prior to exercising the option of eminent domain.

Nonetheless, the very existence of such an eventuality makes it necessary to document water usage. Historic use documentation may not dissuade an entity from implementing such a strategy as eminent domain, but it might make the option more complicated from a legal standpoint.

The District is urging landowners to register and permit their wells now in order to establish documentation on all wells. Any well within the District boundaries, regardless of its source aquifer, needs to be either permitted or registered. As of August 1999, the District became responsible for all aquifers, not just Hickory.

To reiterate points touched upon in past news releases, the District serves the people of this area. We work for you, and are here to assist you, the landowner, with groundwater issues.