Fracking and Water Contamination: Property Rights

I believe the problem with fracking lies in the fact that it is presently difficult to define who owns the groundwater in a given area. If the government owns it, then fracking (or other disturbances to the groundwater) should be outright banned. If the groundwater was privately owned and sold to houses, then gas companies could negotiate terms with the owner of the wells to determine how much fracking should be allowed. If the people in an area do not want to buy water that has been fracked near, as long as they are able to purchase from another source, I don't see much wrong with the practice. As is, the well water is being polluted, which infringes on the property rights of whoever owns the water (most likely a local government) and should be stopped until the fracking process is refined and less pollution is generated.