Texas Court Says Landowners Also Own Groundwater

AUSTIN (AP) – The Texas Supreme Court has ruled that landowners have an ownership interest in the water underneath their land, a decision that will have wide implications on state water management efforts.

In a landmark ruling, the Court said that the government cannot restrict how a landowner consumes the water underneath their property without compensating them. The case is a victory for a farmer who sued the Edwards Aquifer Authority when it attempted to regulate how he used groundwater so it could be used downstream.

Environmental groups denounced the decision, saying it would lead to even more lawsuits against government authorities that try to manage groundwater resources.

The issue is especially important in Central Texas, where much of the drinking water supply moves across the state in underground aquifers.

(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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One Comment

  1. LibertyLover says:

    Compensation isn’t good enough. If it beings to them then they have final say.

  2. LibertyLover says:

    *belongs to them

  3. Free2Kill says:

    I agree with the Supreme Court it has always been a fact Tx Land owners owned the ground water under their land. Back then the State was less populated and the demand on water was far less.
    Today times have changed with a larger population and people being greedy. So it is now time to pass new laws that protect our ground water from pollution and over-use. I live up on a hill and my well is over 300 feet deep. A neighbor down the way irrigated his coastal 24 hours a day during the drought to make a buck (along with other neighbors doing it without it being 24 hours). I had to stock up on hay myself so the only benefit I saw from those that irrigated 24 hours was high priced hay(not from said neighbor). Along with having to worry my well would run out of water and that was only from those locally seen. The aquifer upstream I am sure where taking a lot of similar hits.
    The only people who are due to be reinversed for any of this are those who have to have their wells drilled deeper (due to over use of water) being 100% free and brought in free of charge until they get the wells working again. Then with regulation their wells should not run dry by greedy Texans or implants who only think of themselves and not their own childrens future. They may not care about them, but I do and I don’t even have any.
    Texas the next Inca civilization to disappear due to greed and lack of carring for their resources. Don’t worry the rest of the world is in hot pursuit of that dream also.

  4. mpbulletin says:

    Does it also hold landowners accountable for polluting said groundwater that others use as well?

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