Texas Codes

Tex. Water Code § 36.0015 (2026)

Purpose

✓ current as of May 2026
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Sec. 36.0015. PURPOSE. (a) In this section, "best available science" means conclusions that are logically and reasonably derived using statistical or quantitative data, techniques, analyses, and studies that are publicly available to reviewing scientists and can be employed to address a specific scientific question.

(b) In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution, groundwater conservation districts may be created as provided by this chapter. Groundwater conservation districts created as provided by this chapter are the state's preferred method of groundwater management in order to protect property rights, balance the conservation and development of groundwater to meet the needs of this state, and use the best available science in the conservation and development of groundwater through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter.

Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.21, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.30, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 993 (H.B. 200), Sec. 1, eff. September 1, 2015.

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1999–2025 · leading case: Sipriano v. Great Spring Waters of Am., Inc., 1 S.W.3d 75 (Tex. 1999).
Sipriano v. Great Spring Waters of Am., Inc., 1 S.W.3d 75 (Tex. 1999). · cites it 4× “[33] Tex. Water Code § 36.0015. [34] See Act of May 19, 1949, 51st Leg.”
Guitar Holding Co. v. Hudspeth Cnty. Underground Water Conservation Dist. No. 1, 263 S.W.3d 910 (Tex. 2008). · cites it 2× “" TEX. WATER CODE § 36.0015. Chapter 36 of the Texas Water Code grants these districts broad authority to manage, conserve, and protect groundwater resources through rule-making [1] and permitting.”
David Stratta v. Billy Harris, 961 F.3d 340 (5th Cir. 2020). “TEXAS WATER CODE §§ 36.0015, 36.1071. In creating this plan, the Texas Water Development Board and the Texas Commission on Environmental Quality “provide technical assistance” and the Water Development Board must approve the plan.”
Guitar Holding Co. v. Hudspeth Cnty. Underground Water Conservation Dist. No. 1, 209 S.W.3d 146 (Tex. App. 2006). · cites it 3× “Consistent with the objectives of Article 16, section 59, the Legislature has adopted Chapter 36 of the Texas Water Code “[i]n order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or…”
The Edwards Aquifer Auth. & the State of Texas v. Burrell Day & Joel McDaniel, 369 S.W.3d 814 (Tex. 2012). “Tex. Water Code § 36.0015. 164 . See generally id.”
Kinney Cnty. Groundwater Conservation Dist. v. Boulware, 238 S.W.3d 452 (Tex. App. 2007). “Laws 3329 ; Tex. WateR Code Ann. § 36.0015 (Vernon 2000); Kinney County GROundwateR Dist.”
Edwards Aquifer Auth. v. Day, 274 S.W.3d 742 (Tex. App. 2008). “See Tex WateR Code Ann. § 36.0015 (Vernon 2008).”
Coates v. Hall, 512 F. Supp. 2d 770 (W.D. Tex. 2007). “Texas Water Code § 36.0015 provides that ground water conservation districts may be created for the purpose of preservation, protection, recharging, and prevention of waste of ground water.”
Kinney Cnty. Groundwater Cons. Dist. v. Boulware, 238 S.W.3d 452 (Tex. App. 2007). “Laws 3329 ; TEX. WATER CODE ANN. § 36.0015 (Vernon 2000); KINNEY COUNTY GROUNDWATER DIST.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2009). · cites it 2× “08; see also TEx. WATER CODE ANN. § 36.0015 (Yemon 2008) (stating purposes of groundwater districts).”
Neches & Trinity Valleys Groundwater Conservation Dist. v. Mountain Pure TX, LLC (Tex. App. 2019). “2 Its rules require all persons owning a groundwater well to obtain permits to drill and operate the well unless exempt under the 1 TEX. WATER CODE ANN. § 36.0015(b) (West 2018); TEX.”
Texas Comm'n on Env't Quality & Post Oak Clean Green, Inc. v. Guadalupe Cnty. Groundwater Conservation Dist. (Tex. App. 2022). “” TEX. WATER CODE ANN. § 36.102(a). In 2001, the District adopted a series of rules for the purpose of carrying out its powers and duties under Chapter 36 of the Water Code.”
— Tex. Water Code § 36.0015(b) — 3 cases
Neches & Trinity Valleys Groundwater Conservation Dist. v. Mountain Pure TX, LLC (Tex. App. 2019). “2 Its rules require all persons owning a groundwater well to obtain permits to drill and operate the well unless exempt under the 1 TEX. WATER CODE ANN. § 36.0015(b) (West 2018); TEX.”
BLF Land, LLC v. Frerich (N.D. Tex. 2024).
BLF Land, LLC v. Frerich (N.D. Tex. 2025).
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