Texas is the last remaining state to utilize the rule of capture, a doctrine based on English Common Law, as a means of regulating groundwater resources. Many of the western states originally used the rule of capture to regulate their groundwater resources, but over time, each of these states replaced the rule of capture with other groundwater laws and regulations. The Texas Water Development Board (TWDB) State Water Plan, Water for Texas-2002, warned Texans if current water usage and laws do not change, there will be an unmet need of 7.5 million acre-feet of water annually by 2050. This caused individuals in state and local government to begin asking the question, "How are we going to meet our future water needs?" In the search for a solution to the water shortage problem people have divided themselves into two groups: one wants to consider the implementation of water conservation measures to reduce per capita water use in order to meet future demands; while the other group wants to spend millions of dollars to build reservoirs and dams along with laying thousands of miles of pipeline to move water around the state. The fact that Texas has yet to come up with …

Private property in the United States arose out of a tradition that emphasized the individual freedom to control holdings without interference from governmental influences. A sharp distinction between society as a whole and individual rights isolated ownership of private property from a notion of the common good. This dualistic framework excludes the possibility for forms of property that do not fall completely into either category. Property ownership attitudes are central to issues that often divide environmentalists and landowners. Property rights must be put in the context to understand the divergence between landowner attitudes and provisions made when the institution of private property was created. Finally, land itself as a type of property should be considered ethically distinct from other forms of property because of the interdependencies of human and nonhuman interests that the science of ecology has revealed.