Groundwater ruling balances conservation and property rights

Posted on July 24th, 2012

By Billy Howe TFB State Legislative Director The long-awaited decision from the Texas Supreme Court on the Edwards Aquifer Authority v. Day McDaniel makes it clear that the landowner owns the groundwater in place as part of their land. Prior to the Texas Supreme Court’s ruling, landowners were in jeopardy of losing the critical legal balance between governmental regulation and private property rights. It is a balance that applies to all private property rights, not just groundwater. Whether is a federal, state or local regulation, landowners have a legal right to challenge unreasonable regulation of their property. The Texas Supreme Court compared the ownership of groundwater to oil and gas. The Railroad Commission of Texas has regulated the drilling for and pumping of oil and gas for over 100 years. The commission requires permits, dictates well-spacing and limits the pumping of oil and gas each month to prevent waste. Ownership of oil and gas doesn’t prevent regulation...Read More