Archive for posts tagged ‘Texas’

Water Protectionism Hurts the Economies of Fast-Growing Regions

The Supreme Court will hear arguments today in a water rights dispute between Oklahoma and a Fort Worth water district.  The outcome will determine the degree to which markets may be used to allocate water and address the impacts of droughts like the one now plaguing much of the country. In 1978, Texas and Oklahoma… Full Story

Ninth Circuit Rules Against PACE Proponents; Texas Bill Shows Way Forward

Back in December, we blogged about PACE litigation and predicted that the sole court that sided with challengers to a federal rule limiting PACE-financing on residential real estate – the Northern District of California – would be overturned.  This week, the Ninth Circuit did just that, snuffing any short-term hopes that may have remained for broad-scale PACE… 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

The TCEQ Drought Rule Caused Confusion When Used on the Brazos River and That is Just the Start

On Wednesday, the Texas House and Senate Committees on Natural Resources held a joint hearing on water issues.  The hearing included testimony from a climatologist, the mayor of Abilene, and representatives from the State Water Development Board and Texas Commission on Environmental Quality (TCEQ). The TCEQ presentation cycled through the agency’s ongoing drought efforts.  But lawmakers focused… Full Story

TCEQ Drought Rule Could Result in Takings

The National Oceanic and Atmospheric Administration predicts the current drought will continue or intensity for most of Texas over the coming months.  The Lower Colorado River Authority has warned that, unless conditions improve, drought conditions this year could be worst on record. In its current session, the Texas legislature has responded to drought primarily by looking to the long-term. … 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

Brazos River Lawsuit Raises Questions about Methods Texas Should Use to Modernize Its Surface Water Rights System

The Texas Commission on Environmental Quality (TCEQ) has rescinded a controversial order suspending certain water rights in the Brazos River basin.  The agency had been scheduled to consider a recent modification to the order at its hearing this Wednesday. In many ways, the order had served as a trial balloon of a policy the agency wants to use to manage water as… Full Story