In 1840, Texas adopted the common law of England - “Rule of Capture.”

• Rule of Capture –the surface estate owner has the groundwater from beneath the surface as long as district and may put the groundwater to any use.

In 1957, Texas Legislature mandated statewide water planning and created the Texas Water Development Board. Texas law recognizes two types of freshwater

• Surface Water the water of rivers, streams, and public lakes. The surface water of Jasper/Newton Counties is regulated by the State.
• Groundwater –the water below the surface of the earth. The groundwater of Jasper/Newton Counties lies with the Gulf Coast Aquifer.

In 1996, Texas suffered intense drought. Thus, Texas revitalized the importance of water planning and recognized the need for more local and regional involvement in water planning.

In 1996 – Henderson County, Texas - Ozarka Spring Water Company was accused of draining dry the wells of neighbors. Ozarka pumped 90,000 gallons/day. Supreme Court ruled in favor of Ozarka citing Texas Law – “Rule of Capture.”

In 1997 – Senate Bill 1 passage required designation of groundwater management areas by September 2003 and priority groundwater management areas by September 2005.

In 2003 – Senate Bill 1888 was passed as special legislation for Jasper/Newton Counties to create the South East Texas Groundwater Conservation District subject to a confirmation election by the voters of Jasper/Newton Counties.

November 2, 2004 – Election – Confirmed the South East Texas Groundwater Conservation District by the voters of Jasper/Newton Counties.