Who controls the subsurface water, the surface owner or mineral owner (if indeed the minerals have been severed from the land)?
Answer Currently in the State of Texas, the landowner has the “right of capture” for groundwater. This is modified to some degree in areas where ground water districts have been established. For more information please see here. pdf.gif (207 bytes)This document requires the free Adobe Acrobat Reader; see here for more information and to download the Reader.
