Hill Country Water Rights Explained

Wondering if that Hill Country tract will actually have reliable water? In Boerne and across Kendall County, water rights shape what you can do on your land and what it is worth. When you understand the difference between surface water and groundwater, how local districts regulate wells, and which tests and records to require, you lower risk and make smarter decisions. This guide gives you practical steps, costs, and questions to use before you write or accept an offer. Let’s dive in.

Texas water basics

Surface water

• In Texas, rivers, streams, lakes, and impounded surface water are generally managed by the state. Most non-domestic use requires a permit through the Texas Commission on Environmental Quality.
• Owning land along a creek does not automatically allow large diversions. Navigability and vested rights can affect access and priority, but the state manages the water itself.
• Diffuse runoff on your land is treated differently from streamflow. You may capture and direct it, but drainage and nuisance rules still apply.

Groundwater

• Texas follows the Rule of Capture, which lets a landowner pump groundwater beneath their property even if neighboring wells are affected.
• Today that right is exercised under local rules set by Groundwater Conservation Districts. Districts can require permits, set pumping limits, and enforce spacing and construction standards under the Texas Water Code, Chapter 36.
• A key case, Edwards Aquifer Authority v. Day, recognized a landowner’s property interest in groundwater while affirming broad regulatory authority.

Kendall County groundwater: what matters

Identify the aquifer

• Properties around Boerne can overlie formations like the Edwards or Trinity, among others. Aquifer type affects likely well yield, water quality, and seasonal reliability.

Confirm local jurisdiction

• Find out if the tract sits within a Groundwater Conservation District or an aquifer authority. Rules vary by district, including whether a domestic well is exempt from permitting, meter requirements, and any caps or curtailments during drought.

Check special zones

• Some areas are mapped as recharge, contributing, or critical management zones. These can carry stricter rules on siting, pumping, and permitting.

How districts affect your well

• Permitting: New wells and non-exempt uses often require permits. Commercial, agricultural above certain volumes, and export uses are commonly regulated.
• Exempt wells: Small domestic and livestock wells may be exempt from full permitting, but registration or reporting can still be required. Definitions and thresholds differ by district.
• Production limits: Districts may set allocation limits or apply seasonal curtailments to meet long-term aquifer goals.
• Spacing and construction: Minimum distances between wells, casing, grouting, and proper plugging of abandoned wells are typical requirements.
• Metering and reporting: Many districts require meters or periodic pumping reports.
• Export controls: Moving groundwater outside the district often needs a specific permit.
• Enforcement: Districts can order corrective actions, levy fines, and deny or condition permits.

Due diligence checklist

Gather records early

• Well completion report or driller’s log with depth, static water level, and driller’s yield.
• Pump specs: depth setting, horsepower, pump curve, install date, and service history.
• GCD registration or permits and any pump-test reports filed with the district.
• Meter records or monthly pumping logs, if installed.
• Any export permits or interconnection agreements.
• Deed, plat, easements, and any HOA or deed restrictions affecting wells or shared systems.
• Seller disclosures about water reliability, prior failures, or water-quality issues.
• Utility availability maps and recent will-serve letters if a municipal connection is an option.

Test water quantity

• Short pump test to check immediate production and drawdown.
• Multi-day pump test with recovery data to estimate sustainable yield. Use this if you plan irrigation, a guest house, or subdivision.
• Document static and pumping water levels before and after tests.

Test water quality

• Minimum panel: total coliform and E. coli, nitrate and nitrite, total dissolved solids, hardness, iron, manganese, sulfate, and chloride.
• Add arsenic and lead if local geology or older plumbing suggests risk.
• For irrigation planning, include sodium adsorption ratio and specific conductance.
• Order additional VOCs, pesticides, or radon testing if land use or geology indicates.

Timelines and costs

• New domestic well in the Hill Country: roughly 8,000 to 50,000+ depending on depth, casing, access, and bedrock.
• Pump tests: about 1,000 to 5,000+ based on duration and level of professional oversight.
• Lab panels: about 50 to 300 per test, depending on scope and lab.

Questions to ask

Ask the seller

• Is there a recorded well, and can I see the well log, pump specs, and maintenance records?
• Has the well ever gone dry or produced less water? When and for how long?
• Do you have quantity and quality test results from the last 12 months?
• Is the well registered or permitted with a local district? Any restrictions or notices?
• Are there shared-well agreements, export arrangements, or easements tied to water?

Ask the local district or authority

• Is this parcel in your jurisdiction, and what rules apply to new and exempt wells?
• Are there pumping caps, allocation limits, or current moratoria?
• Do special recharge or critical management rules cover this parcel?
• Do you require registration or metering for domestic wells? Do you show a permit or registration for this well?

Ask your professionals

• Based on the aquifer and nearby well logs, what production is reasonable here?
• Does existing well construction fit local geology, including casing and grouting?
• If I plan to irrigate, subdivide, or export water, what permits or mitigation will I need?

Red flags to watch

• No well log or missing records for an existing well.
• Shallow well, low driller yield, or a history of going dry.
• Location within a recharge or priority area that has active curtailments.
• Nearby large-capacity pumping or recent complaints that suggest aquifer stress.
• Unpermitted exports or unclear permitted uses.
• Recurring bacterial positives, high nitrates, or other contamination without a plan to address it.
• Shared well with no written agreement or easement.

How water rights affect value

Marketability and price

• Documented, reliable water boosts value for rural acreage. Uncertain yield or heavy restrictions can limit development and depress price.

Development potential

• Limits on new wells, exports, or required compliance costs can change the feasibility of subdivision, commercial use, or irrigation.

Manage risk in your contract

• Use contingencies tied to pump test results, water-quality panels, and written confirmation of permit or registration status.
• Negotiate seller-funded testing, remediation, or a short escrow to resolve water issues.
• Explore municipal connections where feasible or record a robust shared-well agreement with clear maintenance and access.
• In sensitive areas, ask about mitigation credits or special permits that may apply.

The right experts

• A hydrogeologist or qualified driller can design tests, interpret logs, and advise on sustainable yield and construction.
• A water-rights or land-use attorney can review district permits, easements, and shared-well agreements and help you understand regulatory risks.
• Local district staff provide binding rules and the property’s permit or registration history.

Local steps for Boerne tracts

• Use state aquifer and groundwater district maps to identify the aquifer and jurisdiction for the parcel.
• Call the local district office to confirm whether the well is exempt, what registration or metering is required, and whether caps or curtailments are in place.
• Check county clerk and appraisal district records for well documents, easements, plats, and restrictions.
• Contact the City of Boerne or county utility offices to confirm the availability and cost of a municipal hookup.
• Line up a licensed driller, pump installer, and accredited lab for testing during your option period.

Bringing it all together

Water is the heartbeat of Hill Country land. If you confirm the aquifer and district, gather the right records, and run smart tests, you will know exactly what you are buying and how to protect long-term value. If you want a local team that treats water due diligence as a must-have, not a nice-to-have, we are here to help. Have questions or want to receive new listings first? Connect with Summers Real Estate.

FAQs

What is the Rule of Capture in Texas?

• It allows you to pump groundwater beneath your land, but local Groundwater Conservation District rules can limit or condition that pumping.

Do I need a permit for a domestic well in Kendall County?

• Many domestic and livestock wells are treated as exempt from permitting, but districts often require registration or metering, so always confirm local rules.

How long should a pump test be before buying acreage?

• Run a short test for a quick read, then a multi-day test with recovery data to estimate sustainable yield if the well will serve higher demand.

What water quality issues are common in Hill Country wells?

• Hardness, iron, manganese, sulfate, and chlorides are common, and you should always test for bacteria, nitrate, and total dissolved solids.

Does creek frontage let me use that water freely?

• No. Surface water is generally state-managed and non-domestic use usually requires a permit, regardless of creek frontage.

Who should I contact first to verify well rules?

• Identify the local Groundwater Conservation District for your parcel and call their office to confirm jurisdiction, exemptions, and current requirements.