Monthly Archives: September 2013

Texas Water: Basics of Surface Water Law

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**This article is not a substitute for the advice of an attorney.** In Texas, water law is basically divided into two categories:  groundwater and surface water.  Today, we will take a look at the basics of surface water law. Surface Water Defined. Surface water includes all of the “water under ordinary flow, underflow and tides of every flowing river, natural stream, lake, bay, arm of the Gulf of Mexico, and stormwater, floodwater or rain water of every river, natural stream, canyon, ravine, depression, and watershed in the state.”  Texas Water… Read More →

September 27, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** It has been a busy week for ag law-related stories in the news.  Here are recaps of some of the major stories this week. *  AQHA Files Appeal in Cloning Suit.  The American Quarter Horse Association filed its formal notice of appeal on Monday.  As you’ve previously read, this summer an Amarillo jury ruled against the AQHA, finding that its rules prohibit the registration of clones violate federal and state antitrust laws.  On August 22, Judge… Read More →

Eighth Circuit Issues Decision in Pig Show Case

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**This article is not a substitute for the advice of an attorney.** The United States Court of Appeals for the Eighth Circuit decided a case today involving a ban enacted to prevent a 4-H member from showing pigs in South Dakota after allegations of cheating. A 15-year old 4-H member showed a belted barrow to 4-H Show Reserve Grand Champion and FFA Show Grand Champion honors at the 2011 South Dakota State Fair.  Shortly after her wins, allegations began to fly that the pig did not belong to… Read More →

September 20, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Here are a couple of ag law stories making the news this week. *  Texas water law has been in the national news.   The New York Times ran an article last week discussing Texas water law in light of the Edwards Aquifer Authority v. Bragg decision.  [Read article here.]  If you missed the summary of the Bragg decision previously on this blog, click here. *  Water flow to Matagorda Bay may be curtailed.  On Wednesday, the Lower… Read More →

Texas Water Wars: Texas v. New Mexico

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**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 →

Appeal Could Impact New Mexico Oil and Gas Law

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**This article is not a substitute for the advice of an attorney.** An application for appeal currently pending before the New Mexico Court of Appeals could impact how royalties are calculated and paid to royalty owners under New Mexico law. In 2003, a class action lawsuit was brought against Devon on behalf of several hundred royalty and overriding royalty owners in the San Juan Basin.  The lawsuit alleged that Devon improperly reduced royalty payments when it deducted from royalties a share of the costs of compressing, dehydrating, treating,… Read More →

September 13, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Here are some of the agricultural law stories making news this second week of September. *  Texas Groundwater Summit Presentations.  A couple of weeks ago, I attended the Texas Groundwater Summit in San Marcos.  It was a great conference put on by the Texas Alliance of Groundwater Districts.  The presentations ranged from discussions about the basic authority of Groundwater Conservation Districts, to legal updates, to House Bill 4, to the potential use of brackish water, to… Read More →

Most Favored Nations

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**This article is not a substitute for the advice of an attorney.** Recently, the San Antonio Court of Appeals rendered an opinion in BP America Production Company v. Zaffirini, addressing the interpretation of a  “most favored nations” clause of an oil and gas lease.  Landowners negotiating oil and gas leases should be aware of most favored nations clauses and may want to consider requesting them in mineral lease agreements. What is a “most favored nations” clause? According to Black’s Law Dictionary, a most favored nations clause is defined as “a… Read More →

September 6, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Yesterday I attended the 40th Annual Sheep and Goat Field Day in San Angelo, Texas.  It was a great turn out and a great program.  Welcome to the new followers who attended the Field Day. Here’s a look at some of the ag law-related stories making news this week. *  New York’s highest appellate court will decide whether municipalities have the right to ban fracking.  In New York, the regulation of oil and gas production is… Read More →

Texas Right To Farm Act Does Not Protect Farmer Using Propane Cannon

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Note:  There were significant changes to the Texas Right to Farm statute in 2023.  To read an overview of the law as of September 1, 2023, click here.  The Tyler Court of Appeals issued an opinion last week that dealt with the Texas Right to Farm Act.  [Read opinion here.] John Reeves leased farmland from Nan Miller in Anderson County Texas.  When deer and hogs began damaging his crops, Mr. Reeves began using a propane cannon in the field both night and day during the growing season in order to… Read More →