Under the authority of the Texas Constitution, the state legislature created Groundwater Protection Districts (GCDs) to regulate the distance, drilling and pumping of groundwater in the state. There are about 99 GSCs in Texas. A water right is a real estate interest and can be transported, transferred or booked. If a landowner sells his land without explicitly reserving his water legislation, he is handed over with the land to the new owner. About the author: Tony Malley is a licensed Texas Attorney, Texas Real Estate Broker, and course instructor approved by the Texas Real Estate Commission. Tony owns and manages the Malley Law Firm, PLLC, which handles a wide range of litigation, litigation and arbitrations throughout Texas in national and federal courts. A growing area of his practice includes negotiating and processing all real estate, water and mineral issues. In 2014, Tony was recognized by H Texas Magazine as one of Houston`s Top 25 Lawyers. Texas Monthly, along with Thomson Reuters, chose Tony as a super counsel in 2013, 2014 and 2015, with 2013 being the earliest age for a lawyer to be a Super Lawyer candidate.
This year, the National Distinguished Counsel Association has made Tony a member of his organization, limited to the top one percent of the nation`s practising lawyers. He is a member of the Million Dollar Advocates Forum and has been certified by the Texas Board of Specialization Legal in Personal Injury Trial. The GSCs issue water well approvals based on the TWDB`s determination of the amount of groundwater available for production. Permits are granted to persons “with a statutory interest in groundwater.” This may be a person or organization that owns or leases land or groundwater rights, uses a well for judicious use, or produces water in one of the 16 groundwater management areas of the state. Over the past 15 years, Met Water has spent a great deal of time and resources acquiring groundwater in the most productive areas of Carrizo-Wilcox Aquifer. The water table leases are similar to the oil and gas lease and contain the following basic conditions: the De Basin De Met Water project, the Brazos River Basin Project, is located in the eastern parts of Burleson County and Milam Counties, Texas. Over the past two (2) years, Met Water has devoted a great deal of time to this project area and has acquired more than 2,000 groundwater leases covering approximately 32,000 hectares of land. Unlike surface water rights, groundwater duties cannot be abandoned, but they may be lost involuntarily as a result of careless transportation or in violation of administrative provisions or other landowners.