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Show TEXAS 747 The landowner's right in percolating water in his land is protected against acts of interference committed by trespass and, in some cases, acts proved to contaminate the quality of the ground water at his well. Public Regulation of Artesian Water An artesian well is "an artificial well in which, if properly cased, the waters will rise by natural pressure above the first impervious stratum below the surface of the ground."386 An artesian well must be tightly cased, capped, and fitted with a device that will effectively control its flow. One not so equipped is a public nuisance.387 Waste of artesian water is unlawful and punishable by fine or imprisonment or both.388 According to the supreme court in its decision in the Corpus Christi case, the legislature had declared that transportation of artesian water by specified means was unlawful, not if a high or any other proportion of water was lost thereby, but only if the water was to be put to an unlawful use as distinguished from a lawful use. Underground Water Conservation Districts In 1949, the Texas Legislature added to the water control and improvement district act a section authorizing the creation of "underground water conserva- tion districts."389 The purpose of the districts is the conservation, preservation, protection, and recharging, and prevention of waste of percolating ground water in subterranean reservoirs or subdivisions thereof designated by the State Board of Water Engineers (now the Texas Water Rights Commission).390 The district may require and issue permits for drilling wells, subject to such terms and provisions as may be necessary to prevent waste, and may require the spacing of wells to minimize as far as practicable the draw down of the water table or the reduction of artesian pressure.391 However, the ownership and rights of the landowner are expressly recognized, and the priorities relating to surface water do not apply.392 No district can be created unless its area is conterminous with an underground reservoir or subdivision thereof which has been designated by the State Board of Water Engineers (Texas Water Rights Commission) as such.393 Districts, in the discretion of their directors, may mTex. Rev. Civ. Stat. Ann. art. 7600 (1954). 387/d. art. 7601. 388 JW. axt. 7607, Penal Code Ann. art. 847 (1961). 389Tex. Rev. Civ. Stat. Ann. arts. 7880-3c to 7880-19 (1954). M0Id. art. 7880-3c(B). 391 Id. art. 7880-3c(B)(3) and (4). 39iId. art. 7880-3c(D). 393Id. art. 7880-3c(C). |