This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.
Texas Water Wells Drilled by Lessee
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US-OG-841
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FAQ
Private water well owners in Texas do not need to register their well unless the property falls within the jurisdiction of a groundwater conservation district (GCD). You can use the Texas Alliance of Groundwater Districts (TAGD) GCD Index to determine if your property falls within the boundary of a GCD.
The rule of capture is the governing principle of Texas groundwater law. The rule of capture essentially provides that because a landowner owns the water beneath his property, the landowner has the right to pump as much water as he wishes even at the expense of his neighbor.
Can I drill a well on my property? Texas operates under what's called a ?rule of capture,? which means if you own the land, you can drill a well there. If you're located within a groundwater conservation district, however, you'll have to abide by their regulations on groundwater withdrawal.
An ?Exempt Well? is a well that does not require a Permit and is used solely for domestic purposes or for providing water for livestock, poultry or environmental flows that is drilled, completed, or equipped so that it is incapable of producing more than 25,000 gallons (17.4 gpm) of groundwater per day; . . .
What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.
The Rule of Capture and Texas Groundwater Texas follows the Rule of Capture in determining ownership of groundwater. Under this rule, groundwater is considered the private property of the landowner.
Under the Rule of Capture, a landowner needs no permit to drill a well and pump groundwater, and he may pump as much water as he may beneficially use even if that causes his neighbor's well to go dry. He may also sell the water withdrawn from the ground for use at any location.
The average depth of water wells in Texas is between 550 feet and 1300 feet. You may find water in some areas of Texas as soon as you hit 200 feet. However, it is preferable to go up to 600 feet to tap a large water reservoir with good quality water.
