Rule of Capture
The Rule of Capture provides each landowner the ability to capture as much groundwater as they can put to a beneficial use, but they are not guaranteed any set amount of water. As a result, well-owners are not liable to other landowners for damaging their wells or taking water from beneath their land. The Rule of Capture allows capture of groundwater only to the extent the use is beneficial and not malicious. The advantage of this system is that it encourages economic development and maximum utilization of the resources. Another advantage of this system is that it leads to minimal government involvement in the operations of water wells. The primary disadvantage of this system is the potential for overproduction of the aquifer system that may result when each landowner attempts to protect the water right by drilling bigger, deeper wells. Because no landowner is given a quantifiable or set amount of production capacity, all landowners are encouraged to capture as much water as they can as quickly as they can.
Read more about this topic: United States Groundwater Law
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