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Headshots of Amy Hardberger and Gabriel Eckstein

Texas A&M School of Law’s Pursuit of Sustainable Development

The legal regimes for state groundwater rights in the United States is a patchwork of disparate statutes, regulations, and cases. States follow one of five different legal systems, though, they often combine aspects of two or more systems, creating distinct hybrids that challenge classification. Moreover, some states have a dearth of laws and cases leaving those states with little details about the breadth and scope of their regimes.
The Project on U.S. State Groundwater Quantity Laws & Regulations (Project) is the first major effort to systematically survey, categorize, and describe the various legal regimes for state groundwater rights in the United States. It comprises detailed surveys of state groundwater-related statutes, regulations, and case law prepared for every state in the Union. The surveys are based on a rubric developed by professors Gabriel Eckstein (Texas A&M University School of Law) and Amy Hardberger (Texas Tech University School of Law). All surveys were completed by law students at Texas A&M University School of Law, Texas Tech University School of Law, and St. Mary’s University School of Law.

Collectively, the analyses contained in the surveys could aid state and federal governments to explore new mechanisms and approaches for the sound management of groundwater resources. They also might serve as useful resources for property owners, water rights holders, water managers, the private sector, and the general public. In the longer term, the surveys will be used by the Project directors to explore possible comparisons of groundwater governance principles, strategies, issues, and challenges across the United States.

Every survey in the Project was rigorously reviewed at three levels: by students who reviewed their colleagues’ work product; by both professors Eckstein and Hardberger; and by at least one in-state expert. However, while the survey authors, editors, reviewers, and Directors have made every effort to ensure reliability, these surveys should not be construed as legal advice. Readers with questions about specific groundwater-related situations should seek out appropriate legal experts in their respective jurisdictions.

Surveys generated for the Project are organized in three volumes:
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Volume I

Volume I includes thirteen states: Alabama, Arkansas, Colorado, Florida, Illinois, Indiana, Louisiana, Missouri, Mississippi, Oregon, Tennessee, Texas, and Washington. This volume was originally issued in August 2017 as a preliminary edition to generate feedback about the methodology, accuracy of information, organization, and usefulness of the project and its findings. Building on the numerous comments and suggestions received, Volume I was reissued in April 2020 as a second edition, offering more expanded and comprehensive surveys of the groundwater laws and regulations of the thirteen states contained in that volume.
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Volume II

Volume II, published in April 2022, contains surveys for sixteen states: Alaska, Arizona, California, Connecticut, Idaho, Kansas, Kentucky, Massachusetts, Montana, New Mexico, New York, Ohio, South Carolina, Virginia, West Virginia, and Wyoming.
An agriculture water pump dumps water onto grass

Volume III

Volume III is expected to be published in Spring 2026 and will include surveys for twenty-one states: Delaware, Georgia, Hawai'i, Iowa, Maine, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, and Wisconsin.

Feedback, comments, and suggestions about the content and substance of the project should be sent to:

Professor Gabriel Eckstein: gabrieleckstein@tamu.edu
Professor Amy Hardberger: Amy.Hardberger@ttu.edu