Category Archives: Water Law

October 7, 2016 Weekly Round Up

Happy October!  Here are some of the ag law stories in the news this week. * Supreme Court to consider landmark groundwater dispute between Mississippi and Tennessee.  A groundwater dispute in which Mississippi claims that Tennessee is over-pumping an aquifer that lays beneath both states will be considered by the United States Supreme Court.  [Read article here.] *Lots to think about before entering into a solar lease agreement.  The Texas Observer published an article this week discussing a number of considerations that landowners need to keep in mind when approached… Read More →

August 26, 2016 Weekly Round Up

Sorry for the lack of Round Up Posts recently–it seems I’ve been on the road and just hadn’t gotten a chance to get one put together.  I’ve had a bit of time in my office this week, so here are some of the ag law stories in the news this week. * Grimes County passes regulation to prevent high speed rail.  The County Commissioners Court in Grimes County recently passed a regulation prohibiting high speed rails from crossing county roads without proof of eminent domain authority being given to… Read More →

July 29, 2016 Weekly Round Up

I’m not sure how it can possibly be the end of July already, but here we are!  Hope everyone had a great week.  Here are some of the ag law stories in the news. * Edwards Aquifer Authority To Pay $4.5 Million Settlement to Braggs.  After 10 years of litigation, the Medina County pecan farmers at the center of one of the biggest water law cases in Texas will be paid by the Edwards Aquifer Authority for a taking of their private property.  As you have read about… Read More →

July 22, 2016 Weekly Round Up

Happy Friday!  This week I enjoyed the opportunity to travel to Floydata and visit with producers at their ag field day about one of my favorite things…agricultural law hot topics.  To those of you joining from that meeting, welcome!  Here are some of the major ag law stories in the news this week. * Congress Passes GMO Labeling Law.  Last week, Congress passed a federal law that will impose federal standards on the labeling of foods made with genetically modified ingredients.  [Read bill text here.]  The law will… Read More →

July 15, 2016 Weekly Round Up

We’ve hit the halfway point for July and I hope everyone is staying cool in this heat!  It’s been a busy week for me.  On Monday, I gave an online presentation on agricultural leases to the 2016 Generation Next participants.  Thursday found me in Sherman, again talking ag leases.  On Friday, I wrapped things up in Greenville talking key laws for Texas landowner to beware of.  Welcome to those of you joining from these events! Here are some of the ag law stories in the news this week…. Read More →

July 1, 2016 Weekly Round Up

Happy July!  Last week we held our final Ranchers’ Leasing Workshop here in Amarillo.  We had a great turn out and I want to welcome those of you joining from that program. Here are some of the ag law stories in the news this week. * The Other Border War.  Texas Monthly published a great article discussing the ongoing dispute between north Texas landowners and the federal Bureau of Land Management regarding the location of the Texas/Oklahoma border.  The article outlines the struggle of one landowner who was… Read More →

Unanimous Victory in United States Supreme Court for Landowners

Last week, Chief Justice Roberts wrote a unanimous opinion in the case United States Army Corps of Engineers v. Hawkes, holding that landowners do have the right to challenge jurisdictional determinations by the EPA that water on their lands is governed by the Clean Water Act.  This decision is extremely important for landowners across the country.  [Read full opinion here.] Background The full factual background of this case was set forth in this prior blog post.  Essentially, the Corps of Engineers (COE) determined that waters on land owned by… Read More →

June 10, 2016 Weekly Round Up

We have several new blog readers this week thanks to several presentations I’ve given recently.  Two weeks ago, I was in Lubbock for the 10th Annual State Bar of Texas John Huffaker Agricultural Law Course.  In my book, this is absolute must-attend for any agricultural law attorneys!  Kudos to course directors David Waggoner and Trace Blair for all of their hard work.  Last week, I traveled to Stillwater, Oklahoma and Ft. Worth, Texas for our Ranchers’ Leasing Workshops, funded by the Southern Extension Risk Management Education Center.  We… Read More →

Texas Supreme Court: Accommodation Doctrine Applies to Groundwater

On May 27, 2016, the Texas Supreme Court issued its opinion in Coyote Lake Ranch, LLC v. City of Lubbock.  Many Texas agricultural and water law attorneys were in Lubbock attending the State Bar of Texas Agricultural Law Continuing Legal Education Seminar.  As soon as the opinion was released, you should have seen everyone scurrying around! This case (on which I have previously blogged here) is extremely important for Texas landowners and groundwater owners.  For the first time, the Texas Supreme Court announced that the accommodation doctrine, previously applied… Read More →

Landowner Attorney Discusses Private Property Rights

If you were not at the 2016 Texas & Southwestern Cattle Raisers Convention, it looks like you missed a great presentation by San Antonio attorney and third-generation rancher, Joseph Fitzsimons.  Fortunately, Colleen Schreiber published a great article recapping the presentation for Livestock Weekly magazine.  With their permission, I am republishing Colleen’s article here. Landowner Attorney Discusses Water Rights At TSCRA Meeting By Colleen Schreiber FORT WORTH — Landowners have won some important legislative and court battles in the property rights arena of late. Third-generation rancher and attorney Joseph… Read More →