Category Archives: Texas Water Wars

January 13, 2023 Weekly Round Up

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I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →

November 11, 2022 Weekly Round Up

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Happy Veteran’s Day, and thank you to all who have served. We’re back again with a number of developments in the agricultural law world over the past few weeks. *PRF Deadline December 1.  Don’t forget that the deadline to sign up for Pasture, Range & Forage insurance (commonly referred to as “rainfall insurance”) is coming up on December 1.  To read more about this insurance option, click here.  For a detailed discussion of PRF and the decisions a landowner must make during sign up, click here for a… Read More →

September 16, 2022 Weekly Round Up

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I apologize for missing our last weekly round up post.  We’re back today with lots of agricultural law news from around the country. *Settlement deadline looming in Texas v. New Mexico water lawsuit.  Michael Melloy has given Texas and New Mexico until September 23 to reach a settlement in the ongoing Texas v. New Mexico water lawsuit currently pending at the US Supreme Court.  If the parties fail to meet that deadline, the case is set to go to trial, set in Cedar Rapids, IA, in January.  [Read article… Read More →

March 18, 2022 Weekly Round Up

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It has a been a wild couple of weeks around here with seven presentations since the last Weekly Round Up.  Like my schedule, it’s been a busy couple of weeks in the ag law realm as well. * Parties continue settlement discussions in Texas v. New Mexico.  As noted last week, the Special Master overseeing the litigation in Texas v. New Mexico postponed the trial date and gave the parties until March 1 to report back on settlement negotiations.  The parties have asked for additional time to continue ongoing negotiations and will… Read More →

March 4, 2022 Weekly Round Up

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Happy Friday!  There have been a number of agricultural law stories in the news over the past couple of weeks. *Texas Supreme Court hears oral arguments in Hlavinka v. HSC Pipeline Partnership.  The Texas Supreme Court recently heard oral arguments in an important eminent domain case analyzing what a pipeline must show in order to claim common carrier status and the ability of a landowner to testify regarding other pipeline easement values.  To read my summary of the court of appeals’ decision being reviewed by the Supreme Court, click… Read More →

May 25, 2018 Ag Law Round Up

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Good morning from sunny Lubbock, Texas!  I am here for the 12th Annual John Huffaker Ag Law Course, a legal education symposium for attorneys.  I had the privilege of discussing farm and ranch leases yesterday and have really enjoyed the other fantastic speakers on the program. Here are some of the ag law stories in the news over the last couple of weeks: *New Mexico files counterclaims against Texas and United States in water law suit.  The New Mexico Attorney General has filed the State’s Answer to the… Read More →

Water Wars in the US Supreme Court: Why Should Agriculture Care?

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I recently did a webinar with my friend and WVU law professor, Jesse Richardson, talking about the various interstate lawsuits at the US Supreme Court dealing with water. We provided an overview of equitable apportionment, walked through four cases–Mississippi v. Tennessee, Florida v. Georgia, Montana v. Wyoming, and Texas v. New Mexico–and then drew some conclusions based on each of these cases, including why agriculture is at the center of each of them. The webinar was recorded, and can be viewed by clicking here.

May 4, 2018 Weekly Round Up

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Hello and welcome to May!  This week I had a bit of a break and was not on the road.  My friend Jesse Richardson and I did a webinar called Water Wars (discussing several interstate water disputes before the US Supreme Court) for the National Agricultural Law Center.  It was recorded and I’ll do a blog post soon sharing the link for you to listen if you missed it. Here are some of the ag law stories in the news this week. *USDA says GMO food labeling rule… Read More →

April 6, 2018 Weekly Round Up

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Hello from sunny Kerrville!  I’ve been on the road this week, speaking at Extension meetings in Leon Springs and Kerrville as well as the Texas Bankers Association Ag and Rural Affairs Conference here at the YO Hotel in Kerrville.  Welcome to the new readers from those events. Here are some ag law stories in the news this week. *China announces proposed tariffs on US products, including agricultural exports.  The biggest ag story of the week has been China’s announcement that it plans to impose a 25% tariff on… Read More →

Unanimous US Supreme Court: United States Can Participate as Party in Texas v. New Mexico

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The United States will be allowed to participate as a party in the Texas v. New Mexico lawsuit before the United Stated Supreme Court, wrote Justice Gorsuch last week on behalf of a unanimous bench. Background We’ve been following Texas v. New Mexico for years.  To read a more detailed explanation of the merits of the lawsuit, click here. There are multiple agreements at issue in this litigation. First, what we will refer to as “the Treaty.”  In 1906, the United States entered into a treaty with Mexico, requiring the… Read More →