July 31, 2012

Groundwater Conversation Districts

There are almost 100 groundwater conservation districts (GCDs) in Texas, covering 70% of the state, and more are created during each legislative session. GCDs are created in areas where groundwater conservation and protection are deemed necessary.

How do GCDs affect my clients’ properties?

GCD rules that cover your clients' communities may affect the transfer of property with existing wells, encumber a property owner with fees for well production if they produce more than a specific amount of water, or place a restriction on the construction of a new well on a property.

How do I know if my client is in a groundwater conservation district?

Take a look a this map that the Texas Water Development Board publishes of all the GCDs in Texas.

Where can I find the GCD’s rules?

Visit the Texas Water Development Board’s website and look on the right side of the page for links to “District Information” listed alphabetically. Once you find the district, you’ll see links to the legislation that created it, contact information, a website, and the current rules. Some districts may have “presently unavailable” listed under the rules section, which could mean that there aren’t any rules in place and you or your clients may have a chance to influence the development of them. There are no uniform rules for GCDs; each one creates its own rules.

To learn more about how to deal with the rules of GCDs, contact the Texas Association of REALTORS® Legal Hotline at 800-873-9155.

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