Under Texas water law, what is the capture rule?

The capture rule under Texas water law allows landowners to draw and capture all groundwater from their wells without the obligation to share it with neighbors, as long as they do not engage in malicious or wasteful practices. This means that if a landowner drills a well on their property, they have the right to extract as much water as they are able to, even if this may lead to a decrease in the water availability for neighboring landowners. The legal principle behind this rule is rooted in the idea that groundwater is considered a resource owned by the landowner. While this gives landowners significant rights regarding the use of groundwater, it also underscores the potential challenges and conflicts that can arise from uncontrolled water extraction, particularly in areas where water resources are finite.