Groundwater has long provided a major part of the Texas water supply. Undeveloped groundwater can help meet growing demand for water in Texas. Texas has two distinct legal systems governing water: groundwater and surface water. Surface water is owned by the state, which grants water rights to use specific volumes of water for beneficial uses. The Texas Water Code recognizes surface water rights issued in perpetuity as private rights that can be bought and sold.
Restoring Private Property Rights: Regulatory Takings
Municipal regulations like zoning ordinances can infringe on private property rights and distort the housing market. Key points: Private property rights are under threat from municipal zoning ordinances and design mandates. Texas law has failed to adequately protect property owners from regulatory takings. By closing the municipal loophole, Texas can be the national leader in...