The Endangered Springflow Act: How the Endangered Species Act Influences Groundwater Law and Protects Springflow in Texas

When an endangered species is present in a spring, can the Endangered Species Act influence groundwater management and protect springflow? What regulatory tools can a groundwater conservation district utilize to protect springflow to ensure the long-term survival of rare species? What potential legal vulnerabilities do groundwater districts face if they fail to do so? What options are available under the ESA for the districts to obtain authorization for unavoidable harm to the species? In this paper, we explore the significant and developing relationship between groundwater management and endangered species protection.