In a Landmark Decision, the Texas Supreme Court Recognizes Vested Property Interest in Groundwater "In Place"

In a Landmark Decision, the Texas Supreme Court Recognizes Vested Property Interest in Groundwater "In Place"


On February 24, 2012, the Texas Supreme Court issued its long-awaited decision in Edwards Aquifer Authority v. Day, one of the most significant water law cases in years. In a unanimous decision, the Court ruled that, under both the common law and the recently enacted Senate Bill 332, a landowner owns the groundwater under his land "in place" as a property right that cannot be taken for public use without adequate compensation guaranteed by the Takings Clause of the Texas Constitution. The decision is likely to have wide-ranging effects for landowners' rights, as well as impacts on the regulation of groundwater by the state's 96 established groundwater conservation districts.

To continue reading, please click the link below.

JW e-Alert