Category Archives: Texas Water Wars

April 4, 2014 Weekly Round Up

This week I have been making the rounds from Indianapolis, Indiana to Athens, Texas!  In Indianapolis, Paul Goeringer (University of Maryland Extension) and I presented at the Women in Agriculture Educators Conference on legal risk management, where I specifically focused on water law education in Texas.  Additionally, I presented at the Cattleman’s Cow-Calf Clinic in Athens, Texas.  Henderson County Extension Agent Rick Hirsch and his cattle committee did a great job of planning this clinic and I enjoyed the chance to speak with producers about grazing and farm leases.  Hello and welcome to… Read More →

March 28, 2014 Weekly Round Up

I have been traveling a lot of miles lately speaking at various extension programs across Texas.  Last week I was in West Texas where I spoke at three great presentations in Rankin, Big Lake, and Van Horn.  This week I’ve been in Bell County and in Canton speaking at cattlemen’s conferences.  Welcome to the new readers from these presentations!  Here are a few ag law stories making the news over the last couple of weeks. *Texas Supreme Court Will Not Hear Case Involving Keystone Pipeline.  Texas landowner Julia Trigg… Read More →

March 14, 2014 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Things have been busy around here!  Last Friday, I headed to Fredericksburg to speak at the New Land Owner Series put on by the Gillespie County Extension Office.  There was a great turn out and the participants asked wonderful questions.  Welcome to those of you who are new to the blog from that presentation.  Yesterday, I presented at a webinar along with Texas A&M alum and New York City attorney Cari Ricker discussing agricultural leases.  There… Read More →

March 7, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* Here are a look at some of the ag law stories making news this first week of March. *United States Sides with Texas in Water Dispute against New Mexico, Seeks to Join Suit.  Last week, the Solicitor General, on behalf of the United States, filed a Motion for Leave to Intervene as a Plaintiff in the Supreme Court case pitting Texas against New Mexico in a battle over water in the Rio Grande.  The Solicitor General echoed the… Read More →

Breaking News: Supreme Court Allows Texas to Proceed with Lawsuit Against New Mexico

*This article is not a substitute for the advice of an attorney.* On Monday, the United States Supreme Court granted Texas’ Motion for Leave to File a Complaint with the Court, thereby permitting Texas to proceed with its lawsuit against New Mexico and Colorado over waters of the Rio Grande.  Texas filed its motion seeking leave to file a complaint in January 2013, alleging that New Mexico was violating the 1938 Rio Grande Compact between the states.  [Read prior blog discussing dispute here.] The Court’s ruling allows New Mexico to file a Motion to… Read More →

December 20, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Here are some of the ag law-related stories making the news this week. *  Dallas Passes Strict Fracking Limitation.  The City of Dallas voted last week to impose one of the strictest fracking ordinances in the country, requiring oil wells to be 1500 feet away from “protected areas” including homes, schools, and churches.  This ordinance greatly increases the set back distance, which currently is 300 feet.  [Read article here.] *  New York Times Article Focuses on Rio… Read More →

Update to Breaking News: United States’ Brief in Texas v. New Mexico

**This article is not a substitute for the advice of an attorney.** As mentioned yesterday, the Solicitor General filed a brief in the Supreme Court case between Texas and New Mexico.  A copy of the brief can be found here. In the brief, Solicitor General takes the position that the Court should grant Texas’ Motion and allow the complaint to be filed because Texas “alleges an interstate dispute of sufficient importance to warrant this Court’s exercise of its original jurisdiction…”  Further, the Solicitor General believes that “Texas has adequately pled an… Read More →

Breaking News: US Files Brief in Texas v. New Mexico Lawsuit

**This article is not a substitute for the advice of an attorney.** The Solicitor General, on behalf of the United States, filed a 33-page brief today in the Supreme Court battle over water between Texas and New Mexico.  In April, the Supreme Court requested input from the United States on whether it should grant Texas’ motion to file a complaint and hear the case. Newspapers, including the Albuquerque Journal, are reporting that the brief takes a middle-ground approach by encouraging the Court to hear the case, but also by allowing New… Read More →

Texas Water Wars: Texas v. New Mexico

**This article is not a substitute for the advice of an attorney.** Today we turn to our third and final post in the Texas Water Wars series.  Here are links to the first two posts in this series:  United States v. Mexico and Texas v. Oklahoma. Background In 1938, Texas, New Mexico, and Colorado entered into the Rio Grande Compact (“the Compact”) to allocate water from the Rio Grande between the three states.  The Compact requires that New Mexico deliver water into the Elephant Butte Reservoir.  At that point, the United… Read More →

Texas Water Wars: Oklahoma Victorious Over Texas

**This article is not a substitute for the advice of an attorney.** We are moving on to the second of our three part Texas Water Wars blog series today.  As you recall, last Monday the blog focused on the dispute over a 1944 treaty between Mexico and the United States.  Today, we turn our attention north and look at the United States Supreme Court’s decision in Tarrant Regional Water Board v. Herrmann. As Justice Sonya Sotomayor pointed out, there is a long history of battles involving the Red River–a Civil… Read More →