Monthly Archives: November 2013

November 29, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** This week’s Round Up is coming on Wednesday due to the Thanksgiving holiday.  I wish you all save travels and a great holiday with family and friends!  Here are the ag law stories making news this final week of November. *  Texas Lawmakers Threaten International Boundary and Water Commission.  The battle between the United States and Mexico for water in South Texas continues to expand.  Texas Congressmen John Cornyn and Filemon Vela recently sent a letter to… Read More →

November 22, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** This week I was able to speak to two different groups on ag law issues.  On Monday, I was in Waxahachie, Texas speaking with folks at the Ellis County Beef and Forage Producer Meeting about agricultural leases.  Over the last two weeks, I have also been guest lecturing for Professor Fred Boadu’s undergraduate ag law course here at Texas A&M.  Welcome to the new readers from the meeting and the class!  Here is a look at… Read More →

Breaking News: LCRA Board to Request Withholding Water from Downstream Farmers

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**This article is not a substitute for the advice of an attorney.** Yesterday the Lower Colorado River Authority (“LCRA”) Board voted 8-7 to request permission from the Texas Commission on Environmental Quality to withhold water from downstream farmers if certain conditions are not met. Specifically, the LCRA is seeking permission from the TCEQ to require Lake Buchanan and Lake Travis, which are the primary sources of water for several Central Texas cities including Austin, to be at 55% capacity by March 1, 2014, before any water will be released to downstream… Read More →

Beyond a Handshake: The Importance of Written Leases

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**This article is not a substitute for the advice of an attorney.** I wrote an article for the November issue of the Progressive Cattleman Magazine discussing the importance of having leases in writing. Although ranchers are notorious for historically making verbal agreements based upon a person’s word and handshake, it is important that lease agreements be reduced to writing to protect both parties.  The article outlines some of the most important terms and considerations to think about when drafting grazing leases and bull leases, including the length of… Read More →

November 15, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** It was a busy week across the country for ag law issues.  Today we have updates from issues in Texas, New Mexico, Wyoming, Oklahoma, and Colorado. *  Texas Comptroller Susan Combs Seeks Funding from Congress for Endangered Species Act Analysis.  The Comptroller was in Washington, DC this week to pitch her idea that Congress create a $50 million National Science Fund to conduct independent research into animals proposed to be listed as endangered species, which would factor in… Read More →

Breaking News: Motions Denied in Bragg v. Edwards Aquifer Authority and Davis v. Devon Energy Corp.

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**This article is not a substitute for the advice of an attorney.** Courts of Appeals in Texas and New Mexico have denied motions in cases previously discussed on this blog.  Here is a summary of what has happened in the last couple of weeks. Bragg v. Edwards Aquifer Authority In August, the San Antonio Court of Appeals issued what has been deemed by many to be a landmark water rights decision in Bragg v. Edwards Aquifer Authority.  As previously explained in detail, the court found that the by denying the… Read More →

Texas Water: Goundwater Conservation Districts (Part II)

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**This article is not a substitute for the advice of an attorney.** Today we have Part II of our discussion of Groundwater Conservation Districts in Texas.  In case you missed Part I, click here. What can GCDs do? GCDs are granted broad power by the Texas Legislature to accomplish their purposes.  GCDs develop both plans and rules and have eminent domain power. Plans All GCDs develop a groundwater management plan that outlines the GCD’s goals to provide the most efficient use of groundwater, controlling and preventing groundwater waste,… Read More →

November 8, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** *  Proposition 6 Passes.  With a 73% vote, Texas voters passed Proposition 6 on Tuesday, allowing $2 billion to be moved from the State’s Rainy Day Fund into a revolving fund to provide funding for water infrastructure, supply, and conservation projects.  The funds will be used to provide low interest loans in order to assist communities and utilities with completing projects identified as necessary under the 2012 Texas Water Plan.  The selection of projects to receive the… Read More →

Additional Breaking News: Tenth Circuit Issues Temporary Stay in Horse Slaughter 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 Tenth Circuit has issued a temporary stay of Judge Christina Armijo’s November 1, 2013 decision that would have allowed federal agencies to conduct inspections of potential horse slaughter facilities, thereby allowing horse slaughter to resume in the United States. The Plaintiffs in the case (which include numerous animal rights groups and activists as well as the State of New Mexico) filed an Emergency Motion for Injunction Pending Appeal… Read More →

Breaking News: Federal Judge Dismisses Lawsuit Prohibiting Opening of Horse Slaughter Plants

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**This article is not a substitute for the advice of an attorney.** On Friday afternoon, federal Judge Christina Armijo dismissed a lawsuit and denied an injunction sought by animal rights groups, including the Humane Society of the United States, that would have prevented plants in New Mexico and Missouri from slaughtering horses. Background Under federal law, the Food Safety Inspection Service (“FSIS”) must inspect all species, including horses, before they are allowed to be slaughtered and the meat sold in commerce.  Without this inspection, slaughter houses may not operate.  In December 2011, Valley Meat… Read More →