Archive for posts tagged ‘groundwater’

Should water be managed like oil and gas?

Groundwater law and oil and gas law share the same genesis—the ancient law of absolute ownership – the notion that a landowner owns everything above and beneath his land, “up to the sky and down to the depths.”[1] But after applying the rule of capture – a doctrine that does not impose liability against one… Full Story

Rule of Capture Undermines Groundwater Regulation in Texas

In mid-western Hays County, a groundwater war is escalating. A private water supplier, with goals to pipe and sell close to 6,000 acre feet of water per year has strategically located a well field in an area of the Hill Country where the Trinity Aquifer is unregulated. Unlike the more recent groundwater controversies involving decisions… Full Story

An Unaccommodating Decision for the Accommodation Doctrine: Texas Groundwater Law and Severed Estates

At the moment, the water issues the Texas legislature appears likeliest to take up in its 2015 session involve groundwater.  In exploring potential groundwater policies – whether aimed at brackish groundwater production, aquifer storage and recovery, or some other subject area – it will have to contend with an outdated governance regime that makes the… Full Story

SAWS Application for Bed-and-Banks Permit Highlights Tension in Having Dual Surface Water and Groundwater Regimes

The San Antonio Water System (SAWS) has developed a creative legal strategy for improving the ecology of the San Antonio River and San Antonio Bay: indirectly reusing groundwater-derived effluent not by re-diverting for municipal uses but by running it down to the coast as an  an instream flow. This strategy – which still requires Texas… Full Story