Monthly Archives: October 2013

Questions from Tiffany’s Desk: What’s Going on with the Lesser Prairie Chicken

Posted on by

Question:  I keep reading about a five-state plan that was approved last week involving the lesser prairie chicken.  What is going on?  Is it an endangered species now? Answer:  The lesser prairie chicken is a species of prairie grouse located in Texas, New Mexico, Oklahoma, Kansas and Colorado.  The chicken was proposed initially proposed to be listed as a threatened species under the Endangered Species Act (“ESA”)  in 1995, but the current proposal was filed on December 11, 2012.  Initially, a determination was set to be made by September… Read More →

October 25, 2013 Weekly Round Up

Posted on by

***This blog is not intended as a substitute for the advice of an attorney.***   A wide variety of ag law stories were in the news this week.  Here is a recap.   AQHA Seeks Delay in Registering Clones During Appeal:  The AQHA is seeking permission from a federal judge to delay in complying with an order to register cloned horses and their offspring pending a decision on the pending appeal.  In July, a jury found that the AQHA’s rules banning registration of cloned horses violated anti-trust laws. … Read More →

Questions from Tiffany’s Desk: TCEQ Action in Kimble County

Posted on by

***This article is not a substitute for the advice of an attorney.*** Today we have our second post in the “Questions from Tiffany’s Desk” series.  In the past week, I have gotten four calls and emails asking questions similar to the one below.   Question:  We read an article in the paper.  What is going on in Kimble County with the Texas Commission on Environmental Quality (“TCEQ”) ordering a rancher to remove a dam from a stream on private property?  What is the law regarding building dams across streams on… Read More →

Texas Water: Basics of Groundwater Law

Posted on by

***This article is not a substitute for the advice of an attorney.*** Today we will continue on in our Texas Water series by looking at the law applicable to Texas groundwater.  Be sure to check out the prior posts on Texas surface water law and on current issues in Texas surface water if you missed them. What is groundwater?  Groundwater is defined as “water percolating below the surface of the earth” but not including subterranean streams or rivers.  (Note:  Like above ground rivers, subterranean rivers in Texas would be state-0wned. … Read More →

October 18, 2013 Weekly Round Up

Posted on by

**This article is not a substitute for the advice of an attorney.** Here are a look at some of the stories related to agricultural law in the news this week.   1.  A bill, titled the Water Rights Protection Act, has been introduced in the United States Congress that would prohibit the US Secretary of Agriculture and Secretary of the Interior from conditioning any permit, lease, or other right to use federal property upon the granting of a water right to the United States.   [Read proposed bill here.]  The American… Read More →

Questions from Tiffany’s Desk: Harvesting Crops After Lease Terminates

Posted on by

**This article is not a substitute for the advice of an attorney.** I frequently receive great questions regarding agriculture law issues from producers across Texas.  In this new blog series “Questions from Tiffany’s Desk,”  I will periodically share these questions that I receive and the information that I previously shared with the producers who contacted me.  The identity of those persons asking questions and the details surrounding specific questions will, of course, not be kept private and, as always, this blog is for education and information purposes only and offers no legal advice… Read More →

October 11, 2013 Weekly Round Up

Posted on by

**This article is not a substitute for the advice of an attorney.** Thank you all for your comments and emails on the Surface Water Issues blog that was posted earlier this week.  These are major issues that are important not only to agriculture in Texas, but to all people nationwide. To wrap up the week, here is a list of a few ag law stories making news this week.  Have a great weekend!   (First)  A group of animal rights activists, including PETA and the Animal Legal Defense… Read More →

Texas Water: Current Issues in Surface Water Law

Posted on by

**This article is not a substitute for the advice of an attorney.** Thank you all for your comments and emails about last week’s blog post on the basics of surface water law in Texas.  With that background, today we will turn to discuss several current issues related to surface water.   1. The Whooping Crane Case.  A case currently pending in the United States Court of Appeals for the Fifth Circuit could greatly impact surface water law in Texas.  Aransas Project v. Shaw surrounds decisions made regarding allocation of… Read More →

October 4, 2013 Weekly Round Up

Posted on by

**This article is not a substitute for the advice of an attorney.** I spent this week traveling across Texas for various presentations and meetings.  I enjoyed the chance to speak to the Texas Chapter of the American Society of Farm Managers and Rural Appraisers in Wichita Falls  about current water legislation and litigation on Monday and to a group of landowners in Jack County about eminent domain and pipeline easement negotiations on Tuesday evening.  To those of you who are new to the blog from those events, welcome! … Read More →