Texas Codes

Tex. Water Code § 35.002 (2026)

Definitions

✓ current as of May 2026

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Sec. 35.002. DEFINITIONS. In this chapter:

(1) "District" means any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has the authority to regulate the spacing of water wells, the production from water wells, or both.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Executive director" means the executive director of the commission.

(4) "Executive administrator" means the executive administrator of the Texas Water Development Board.

(5) "Groundwater" means water percolating below the surface of the earth.

(6) "Groundwater reservoir" means a specific subsurface water-bearing reservoir having ascertainable boundaries containing groundwater.

(7) "Subdivision of a groundwater reservoir" means a definable part of a groundwater reservoir in which the groundwater supply will not be appreciably affected by withdrawing water from any other part of the reservoir, as indicated by known geological and hydrological conditions and relationships and on foreseeable economic development at the time the subdivision is designated or altered.

(8) "Subsidence" means the lowering in elevation of the land surface caused by withdrawal of groundwater.

(9) "Board" means the board of directors of a district.

(10) "Director" means a member of a board.

(11) "Management area" means an area designated and delineated by the Texas Water Development Board as an area suitable for management of groundwater resources.

(12) "Priority groundwater management area" means an area designated and delineated by the commission as an area that is experiencing or is expected to experience critical groundwater problems.

(13) "Political subdivision" means a county, municipality, or other body politic or corporate of the state, including a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a state agency, or a nonprofit water supply corporation created under Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes).

Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.10, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 966, Sec. 2.21, eff. Sept. 1, 2001.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766), Sec. 85, eff. September 1, 2025.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2008–2025 · leading case: The Edwards Aquifer Auth. & the State of Texas v. Burrell Day & Joel McDaniel, 369 S.W.3d 814 (Tex. 2012).

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The Edwards Aquifer Auth. & the State of Texas v. Burrell Day & Joel McDaniel, 369 S.W.3d 814 (Tex. 2012). “Tex. Water Code § 35.002(5). 30 . Id. § 11.”

Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App. 2008). “” Tex. Water Code Ann. § 35.002 (5) (Vernon 2008).”

Cactus Water Servs., LLC v. Cog Operating, LLC (Tex. 2025). “19 See TEX. WATER CODE § 35.002(5), (6) (defining “groundwater” and “groundwater reservoir”).”

— Tex. Water Code § 35.002(5) — 2 cases

The Edwards Aquifer Auth. & the State of Texas v. Burrell Day & Joel McDaniel, 369 S.W.3d 814 (Tex. 2012). “Tex. Water Code § 35.002(5). 30 . Id. § 11.”

Cactus Water Servs., LLC v. Cog Operating, LLC (Tex. 2025). “19 See TEX. WATER CODE § 35.002(5), (6) (defining “groundwater” and “groundwater reservoir”).”

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