The Jeff Davis County Underground Water Conservation District approved requests Tuesday allowing one of its own board members to pump as much as 1.3 billion gallons of groundwater annually from his property, drawing scrutiny from residents concerned the water could be used for border wall construction.
The Aug. 25 meeting began with General Manager Janet Adams reciting rules governing the district and its authority over groundwater permits, according to reporting by the Big Bend Sentinel, which broke the story.
The attention centered on an agenda item involving property owned by board member Jim Dyer. Dyer sought authorization for a second production well on his property and to meter an existing well for production use.
The board approved both requests. Dyer recused himself and was not present for the meeting.
Under the approval, Dyer may produce up to 1 acre-foot of groundwater for each of his roughly 4,000 acres. One acre-foot equals about 325,851 gallons. At the maximum permitted amount, Dyer could pump approximately 4,000 acre-feet, or 1.3 billion gallons, each year.
The water is designated for construction, but the specific construction project has not been identified.
That uncertainty has fueled concerns among local activists that the water could support construction of the border wall. Barnard is among the contractors working on border infrastructure, and its trucks have been seen leaving Dyer’s property along Chispa Road, according to the Big Bend Sentinel.
Dyer’s neighbor, Wini Hunton-Chan, raised concerns during public comment about what could happen near her home and the effect the project could have on the area.
Adams told those attending the meeting that the district has limited authority over how groundwater is ultimately used. As long as a landowner complies with district regulations and remains within the amount authorized for production, the district cannot deny the landowner’s groundwater rights based on the eventual use of the water.
The controversy touches on one of the oldest and most consequential principles in Texas water law: the rule of capture.
The Texas Supreme Court established the foundation of the state’s modern rule of capture in its 1904 decision in Houston & Texas Central Railway Co. v. East. The dispute arose after a railroad company’s groundwater pumping allegedly caused a neighboring landowner’s well to go dry.
The court faced competing approaches to groundwater rights. One would have imposed a reasonable-use standard intended to balance the interests of neighboring property owners. Instead, the court adopted the rule of capture, under which landowners generally have the right to pump groundwater beneath their property even when doing so affects neighboring wells.
The ruling helped establish a legal principle that has shaped Texas groundwater policy for more than a century. Subsequent laws and court decisions have imposed conservation requirements and allowed groundwater districts to regulate production, but the rule of capture remains a fundamental part of Texas groundwater law.
That history has taken on new significance in Jeff Davis County as residents face a sixth year of major drought and rely heavily on groundwater for drinking, bathing, ranching and everyday life in the high desert.
The scale of Dyer’s authorization is also drawing attention.
According to a 2022 Texas Water Development Board report, projected annual groundwater use from the West Texas Bolsons Aquifer segment associated with Jeff Davis County was 6,056 acre-feet. The projections include an expected reduction in usage after 2030.
If Dyer pumped the full amount authorized under the permit, his 4,000 acre-feet alone would amount to roughly two-thirds of that 6,056 acre-foot figure.
The production permit is a lifetime permit and does not require periodic renewal.
Dyer will be required to monitor the wells and report production annually. Water pumped under the permit may also be transported outside Jeff Davis County by truck without an additional export fee.
Adams told the board that the district currently monitors about 30 wells and that the amount requested by Dyer falls within the predicted range used to evaluate the aquifer.
The most recent available district information on recharge and desired future conditions lists approximately 153 acre-feet per year of recharge to the West Texas Bolsons from precipitation. Additional recharge occurs through movement of groundwater between neighboring and underlying aquifers.
For residents questioning the approval, the dispute raises a much larger issue than a single well: how Texas balances private groundwater rights against the long-term interests of neighbors and communities that depend on the same underground resource.
The board ultimately approved Dyer’s requests without further discussion. Board President Johnny Lawford said the water beneath the property belonged to Dyer, and the board moved on to other business.
