Archive for posts tagged ‘groundwater’

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groundwater production, aquifer storage and recovery, or some other subject area – it will have to contend with an outdated governance regime that makes the… Full Story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

Managing Texas Ground Water: More Difficult than Ever?

Managing the use of ground water in Texas has never been easy.  But a recent string of cases, now topped off by a stunning Court of Appeals opinion in Edwards Aquifer Authority v. Bragg, will make it much more difficult to conserve this vital resource for current and future users and to protect the spring… Full Story

Scarcity and the Safe Drinking Water Act: When Could an Aquifer Serve as a Source of Drinking Water?

The local Farm Bureau chapter and other Goliad County interests recently petitioned the Fifth Circuit to review an EPA action that would exempt a portion of the Goliad Aquifer from certain provisions of the Safe Drinking Water Act (“SDWA”). The exemption would allow a Corpus Christi company, Uranium Energy Corp., to mine uranium near the town of Anders by pumping oxygenated water… Full Story

Limited by Day Decision, Texas Will Have to Move Toward Correlative Rights Regime for Groundwater

In the past few years, the drought in Texas has created urgency in the market for privately controlled water.  Postcard fliers are slipped under front doors in residential neighborhoods announcing deals: “$6/foot—No Water—No Pay.” The Supreme Court of Texas did its part, too. In the long-awaited case of Edwards Aquifer Authority v. Day, the court decided… Full Story

Groundwater and the 83rd Texas Legislature: Despite Legal Uncertainties, Pragmatic Improvements Still Possible (and Necessary)

Shrinking reservoirs and dry river beds have galvanized public and policy maker attention to water issues in the last year.  From how to provide state funding for critical water conservation and infrastructure needs to controversy over surface water rights allocation during droughts, attention has generally centered on more visible surface water issues. But, those aren’t the only issues… Full Story