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<br />. <br /> <br />. <br /> <br />.' <br /> <br />Water rights.~ Ground water development and use is not subject to <br />statutory control in Texas. The few court decisions bearing on the subject <br />hold that percolating waters are the absolute property of the landowner. <br /> <br />By ~TIplication this doctrine of absolute ownership is modified <br />somewhat in the Underljround 1.later Conservation District Act, 51st Regular <br />Session, June 1949. (Vernon's Ann. Civ. St. Art. 7880-3C) This act amends <br />Chapter 25, Acts of the Regular Session, 39th Legislature, 1925, to permit <br />the inclusion of underground water conservation ilifiong the purposes for <br />,mich districts may be formed. <br /> <br />This act provides that underground wate~ conservation districts <br />may be formed to formulate, promulgate and enforce rules and regulations <br />for the purpose of conserving ground water resources; to prevent waste, <br />as defined; to require permits for the drilling, equipping and completion <br />of wells; to provide for the spacing of wells ". . . provided, however, the <br />owner of the land, his heirs, assi.t:!1s and lessees, shall not be denied a <br />permit to drill a well on his land and produce undersround water there- <br />from. . ."; to require records to be l(ept and reports to be made; te acquire <br />lands and erect dams and other measures for the purpose of drainage or fer <br />ground water recharge; to make surveys; to develop compreh~nsive plans for <br />the most efficient use of the underground waters and to ~nforce, by injunc- <br />tion, by mandatory injunction or other appropriate remedies the rules and <br />regulations duly adopted and promulgated by the District. <br /> <br />Irrigation Facilities <br /> <br />Number ef wells.- The Seuthern High Plains area contained between <br />11,000 and 12,000 irrigation wolls by tho end ef tho 1948 calendar year. <br />Development during 1949 and early 1950 raised the total to appro;cUP4tely <br />14,500 by the end of the 1950 irrigating season. <br /> <br />Hell charaeteriGticE'..- Irrieation ''/ells ranGe in depth from about <br />150 to over 400 feet in different parts of the area and are usually cased <br />to the bottom. The situation regardirgvell performance in the Southern <br />High Plains is described by Barnes, et al.: <br /> <br />The average depth to thc static water level is about 75 feet, and <br />the average pumping lift is about 110 feet. On the edges of the <br />irrigated region the pumping lift ill a few wells exceeds 250 feet. <br />PUlllpS are of the multistar,e deep-well turbine type and are powered <br />in same districts by electric motel'S, but the most common power <br />units are Vle industrial engines or the ordinary automobile engine <br />fueled ,dth butane or gasolino. Yields of wells range from about <br />300 to 2,000 gallons per minute and average about 750 gallons per <br />minute. The specific capacity (gallons per minute per foot of <br />dravdown) varies considerably over the South Plains because of <br />differences in the permeabiJity and thiclmess of the water-bearing <br />sands and because of difforences in the construction of wells . .21 <br /> <br />f:J Barnes, J. R., et al. "Geology and Ground Water in the Irrigated <br />Region of the Southam High Plains in Texns". Op. cit. <br /> <br />7 <br />