Either in the next legislative session or very soon thereafter water rights will fundamentally change in Texas. The Rule of Capture will be null and void, and replaced by Water Districts and Water Masters (enforced by legislative directive) and given the power to make decisions about surface and subsurface water on Texan's lands. This restructuring has already begun, but will soon be made mandatory. They will also likely be charged more....as they continue to say that people are not yet paying the "REAL COSTS" of water (currently they are paying just for the process involoved in getting it to them, but soon will pay for the water itself).
Land owners may be told they can NOT drill a well. On the other hand many wealthy landowners with existing wells may be able to get into the water 'business' and sell water to cities and out of state.
In fact, this 'marketing' of water is part of the Water District's jobs and will serve primarily the cities needs for water.
The wealthy Texans who are ahead of this curve are the ones who will cash in. And while there are certainly plenty of reasons why water use needs to be regulated, the corruption taints that process with incidents of highway robbery. The lawyers should make a bundle...as usual.
To get more info (which is pretty scant and fluid at the moment) call or visit TNRCC who is primarily responsible for designing and implementing these changes.
http://www.tnrcc.state.tx.us/Found this helpful page posted by a law firm who specializes in water rights, apparently:
http://www.bickerstaff.com/waterlawfeature/kaiser.htm