The "law of capture" as it pertains to water policy in Texas essentially means that

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The law of capture in Texas water policy means that the first person to "capture" the water by pumping it out of the ground owns it. This principle is also known as the "rule of capture" and is based on the concept of property rights for natural resources. The state does not own the water rights, and the federal government's supremacy clause does not apply to water rights in this context. The state can regulate water usage and require reporting, but the law of capture remains in effect. Surface water can also be subject to the law of capture, as long as it is not owned by someone else, such as a riparian landowner or the state.

The "Law of Capture" as It Pertains to Water Policy