Under Texas law, groundwater conservation districts are the only tool available for managing groundwater. These districts set quantifiable management goals, known as desired future conditions, to define water needs while protecting aquifers and managing supplies. Based on the district’s desired future conditions, the Texas Water Development Board determines how much groundwater can be sustainably produced or permitted within the district without compromising these goals (modeled available groundwater).
Despite their efforts, these districts face significant challenges. Many issue permits that exceed sustainable production limits to accommodate increased demand, often driven by the fear of regulatory takings lawsuits—a legal challenge in which landowners could claim that regulations have stripped them of their property’s full value.
The report “Coupled Correlative Allocations for Groundwater Management in Texas” offers a path to addressing perplexing management challenges by exploring how linking correlative allocations to desired future conditions could help districts balance landowner rights with long-term aquifer management. Correlative allocations are based on the principle that landowners have a shared right to produce from an underlying aquifer in a manner that does not unfairly deplete the resource or deny others their equitable share.
By assigning correlative allocations based on acreage or other surface measures, districts can distribute groundwater rights in a way that respects each landowner's fair share. Although complex, this method balances individual rights with collective resource health.
“Texas law recognizes that landowners have a right to groundwater, but it also emphasizes fairness,” Mace said. “By using correlative allocations to distribute water equitably, districts can strengthen their legal standing and better defend against regulatory challenges.”
The report unpacks two categories of correlative allocations – decoupled and coupled. Decoupled allocations are not tied directly to desired future conditions and often lead to overproduction, undermining long-term sustainability. In contrast, coupled allocations are designed to align with desired future conditions, ensuring that total production remains within sustainable limits.
To illustrate how a district could transition to coupled correlative allocations, the report also presents a case study in Management Zone 1 of the Middle Pecos Groundwater Conservation District. The study models how existing water rights in this highly productive region could be converted into a fair-share system that aligns with sustainability targets while protecting landowner interests.
“Although roughly 60% of the state’s districts employ some form of either approach, only five districts in Texas tie their correlative allocations to management goals,” Mace said. “But our research highlights a significant opportunity for broader adoption across the state.”
Implementing correlative allocations is not without challenges. It may result in smaller per-acre water allocations, particularly in less productive aquifers. However, the benefits are substantial. By defining a fair share of groundwater for each landowner, these allocations can foster water markets, enhance resource conservation and protect districts from legal challenges. Moreover, they offer a path to equitable and sustainable groundwater use, ensuring that water resources continue to support the state’s diverse needs.
The Meadows Center is launching a communications campaign to transform this approach into a practical solution for the state’s groundwater conservation districts and provide a clear path for adoption. The campaign will include webinars, briefings with advocacy partners and a storytelling campaign showcasing districts that have successfully achieved equitable groundwater management to safeguard their groundwater resources.
To kick off the campaign, the Meadows Center will host a virtual webinar on Monday, April 14, from 2:30-3:30 p.m. that will provide an in-depth look at why current groundwater management strategies are falling short, the benefits of correlative allocations and real-world examples from groundwater conservation districts already implementing this approach. The webinar is free and open to the public. For more information and to register, visit https://bit.ly/4h7zhwa.
This research underscores the transformative potential of correlative allocations, but realizing this potential requires sustained outreach and education. By educating the landowners, policymakers and groundwater districts on the benefits and feasibility of correlative allocations, the Meadows Center aims to foster a deeper understanding and wider adoption to ensure the long-term sustainability of Texas’ groundwater resources.
This work is funded by the Jacob and Terese Hershey Foundation. For more information on this project and to read the full report, visit www.meadowscenter.txst.edu/research/water-policy/correlative-rights.
