As many Texans are aware, hydraulic fracturing (“fracing”) uses a lot of water. In fact, one of the important ways in which Texas oil and gas lawyers assist their clients is to make sure that the oil and gas leases they sign contain appropriate protections for the client’s freshwater sources.…
Articles Posted in Water Law
Texas Supreme Court: the Texas Accommodation Doctrine Applies to Groundwater
Last year, the Texas Supreme Court decided the case of Coyote Lake Ranch, LLC v. City of Lubbock that dealt with whether the “accommodation doctrine” should be applied to groundwater. The accommodation doctrine is actually an oil and gas doctrine, which states that absent an agreement to the contrary, an…
Building A Pond On Your Own Property and the EPA Will Get You!
You wouldn’t think that building a stock pond on your own property would be something that requires the approval of the United States Environmental Protection Agency (EPA) would you? One unsuspecting family in Wyoming found out just how far the EPA was willing to go in an effort to “protect…
Texas Landowners’ Groundwater Rights Revisited
The Edwards Aquifer case is sure to be a hot legal topic in Texas this year. The landmark decision by the Texas Supreme Court a few weeks ago will probably effect countless Texas landowners. Joel McDaniel, one of the plaintiffs in the Edwards Aquifer case, noted that “this changes everything…
Groundwater Rights of Texas Landowners Rights Addressed by the Texas Supreme Court
Recently, the Texas Supreme Court issued an important opinion that clarified a Texas landowner’s groundwater rights. In the case of Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel the Court was faced with the issue of whether land ownership includes an interest in groundwater…