The character of groundwater ownership has received more attention in the last 18 months than in the previous 100 years. The ownership issue is pending before the Texas Supreme Court in Edwards Aquifer Authority v. Day and the Texas Legislature addressed ownership in amendments to Chapter 36 of the Texas Water Code. This paper reviews groundwater district permitting in the context of changes made by the 82nd Legislature and what a takings claim might look like post EAA v Day.