Category Archives: Water Law

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 →

April 29, 2016 Weekly Round Up

I want to apologize for the lack of blog posts over the last couple of weeks.  We had a death in our family and have been dealing with all that goes with that situation.  I hope to be back in the saddle with posts back to normal next week.  For now, here are a look at some of the ag law stories in the news this last week of April. * WOTUS Ruling Not Coming Anytime Soon.  Ag Professional recently published an article discussing the likely timeline for… Read More →

April 15, 2016 Weekly Round Up

First, I want to apologize to those of you attending the Texas and Southwest Cattle Raisers Convention for my absence last Friday.  We had a family medical emergency pop up on my way to Ft. Worth that required me to turn around and come home.  I’m happy to report that all is well now and hopefully my husband’s grandfather is on the mend.  Second, it’s been another busy week in the ag law realm. Here are some of the key stories in the news. * Texas Water Development… Read More →

Case Looks at Winter Grazing and NPDES Permit Requirement

Like many other agricultural operations, my family grows crops and raises livestock.  When I learned of a case decided last year by the Minnesota Supreme Court that addressed whether farms like my own family’s would be required to obtain a federal NPDES permit in order to graze livestock on our fields, I was very interested and concerned.  Today, we will take a look at this issue in In the Matter of Reichmann Land and Cattle, LLP.  This case offered interesting insight into the issue of whether winter grazing of… Read More →

February 26, 2016 Weekly Round Up

Hello and welcome to the last Friday in February!  Earlier this week, I was in College Station speaking along with my friend and colleague, Shannon Ferrell, at a program called Petroleum Production on Agricultural Lands in Texas:  Managing Risks and Opportunities.  We had a great turn out and want to welcome those of you joining us from that presentation!  Now, on to the agricultural law news of the week, much of which is water related today. * Breakdown of the Bragg verdict.  As you read earlier this week, a… Read More →

Jury Awards $2.5 Million to Braggs

A jury ruled on Monday that the Edwards Aquifer Authority owes $2.5 million in compensation to the Braggs because groundwater permit denials resulted in a regulatory taking. For those of you who might not have been following along, the Braggs filed suit against the EAA back in 2004 after they were denied permits to pump groundwater to irrigate their pecan orchards.  The trial court found in favor of the Braggs initially–agreeing that the denials constituted a regulatory taking of the Bragg’s property interest in groundwater–and awarded $732,493.40.  Both sides… Read More →

BREAKING NEWS: TX and NM Supreme Court Rulings Impact Agriculture

Well it turned into a busy week for ag law right at the last minute and after I posted the weekly round up.  Major actions from the Texas and New Mexico Supreme Courts that have major impacts on the agriculture industry in both states. First up, the Texas Supreme Court will NOT hear the appeal in Texas Farm Bureau v. Texas Commission on Environmental Quality.  This case arose during the drought of 2012 when there was a shortage of water on the Brazos River.  Dow Chemical had a 1942 water right… Read More →

February 19, 2016 Weekly Round Up

Happy Friday!    Before we get started, one last reminder of the Oil and Gas Leasing Seminar we will be putting on on Monday from 9-12 noon in College Station at the Hildebrand Equine Center (3240 F&B Road, College Station).  There is no required registration, no fees, and we will have parking passes for everyone.  So feel free to join us! Here are some of the agricultural law issues in the news recently. * Bragg case back in court.  The high-profile Texas water law case, Bragg v. Edwards Aquifer Authority, is… Read More →

Texas Agriculture Law Year in Review (Part I): Water

In addition to the national agriculture law happenings in 2015 (which we recapped in last weeks’ blog posts), this has been a busy year for agricultural law in Texas as well.  Conveniently, the key events can be separated into two categories:  Oil and Water.  Here are the water-related highlights. * Bragg takings decision will stand.  In May, the Texas Supreme Court declined to hear an appeal in Bragg v. Edwards Aquifer Authority, a groundbreaking groundwater law case in Texas.  This means that the opinion of the San Antonio Court of Appeals remains… Read More →

September & October Round Up (Part 1)

Hello!  I am back in the saddle again after spending some time on maternity leave.  Thank you all so much for your kind wishes for our little family. During middle of the night feedings, I’ve managed to stay up to date on what’s been happening in the ag law world.  Here are some of the top stories from the last two months. WOTUS rule stayed nationwide, cases will not be consolidated.  As you previously read, the United States Court of Appeal for the Sixth Circuit has issued a… Read More →