Texas -

The Texas Wildlife Association has reaffirmed the ownership of groundwater by landowners as a vested real property right and has proclaimed its support for the local regulatory approach to groundwater management that recognizes groundwater as a property right.

The policy statement approved by the TWA Executive Committee on September 9 provides the organization the foundation to pursue legislative and regulatory solutions to the important issue of groundwater as a property right, an issue that has been raised in the courts by some groundwater districts that have challenged this vested right.

TWA will work with other associations and groups that share this philosophy to pursue this policy goal.

TWA believes the Texas constitution and courts have established for over 100 years that groundwater is a vested property right, and it believes groundwater as a vested property right enhances resource conservation and is consistent with our tradition of private land stewardship which flows from the responsibilities of ownership.

The organization also believes responsible ownership yields conservation and sound land management practices that provide increased clean surface and ground water for aquifers, springs, rivers and bays. TWA supports local and state regulation that rewards and incentivizes conservation of groundwater by private owners while recognizing groundwater as a vested real property right.

TWA further believes groundwater as a vested property right is in the best interest of society, not only for the conservation of our water resources, but also to affirm and maintain reasonable local regulatory procedures that ensure constitutionally-protected due process of property rights.

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