Category Archives: Water Law

October 4, 2019 Weekly Round Up

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Happy October!  It finally feels like fall in the Texas Panhandle and I’m sure enjoying it.  Here are a few ag law stories that have been in the news over the past couple of weeks. * Elder law podcast is a must listen.  I don’t usually share my own podcast episodes in the Weekly Round Up, but the interview I posted this week with elder law attorney, Kristen Porter, is one that I really think is so important, especially for farm and ranch families.  Kristen talked us through… Read More →

August 2, 2019 Weekly Round Up

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Welcome to August!  I’m not sure how the summer has flown by, but here we are.  These are a few of the ag law stories in the news this week. *Second round of Market Facilitation Program payment rates announced.  Last week, the USDA announced payments for round 2 of the Market Facilitation Program.  These payments are designed to provide assistance to farmers of commodities impacted by “unjustified foreign retaliatory tariffs, resulting in the loss of traditional export markets.”  Payment rates have been set per county for qualifying crops. … Read More →

July 19, 2019 Weekly Round Up

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It’s been a busy week on the ag law front in Texas.  Here are some of the stories in the news this week. *Texas water battle featured in Wall Street Journal.  A water fight in Pecos County was featured in a Wall Street Journal article this week.  The article does a good job illustrating the tensions between landowners, agricultural producers, oil and gas companies, and Texas law.  [Read article here.] *New law allows killing feral hogs without hunting license.  As of September 1, 2019, no hunting license is… Read More →

July 12, 2019 Weekly Round Up

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Happy Friday!  Here are some of the ag law stories in the news recently. *Texas Supreme Court grants petition for review in Garcia v. Pruski.  As you may recall from this prior post, the San Antonio Court of Appeals issued a ruling in a fence law case involving a bull out on a State Highway in Wilson County, which has a local stock law.  The appellate court found that both the “knowingly permit” standard applicable to state and US highways and the “permit” standard applicable in Wilson County pursuant to… Read More →

TX Attorney General Opinion: Groundwater Conservation District Cannot Limit Definition of Agriculture

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Texas Attorney General, Ken Paxton, recently issued an opinion regarding the ability of a Texas Groundwater Conservation District to limit the definition of “agricultural crop” under its rules. [Read full opinion here.]  Although not binding on a court, this opinion could potentially impact GCDs and producers around the state. Background Senator Bob Hall, Chair of the Texas Senate Committee on Agriculture requested an opinion from Texas Attorney General Ken Paxton on an interesting legal question.  Specifically, Senator Hall wanted to know how the Attorney General thought a court… Read More →

April 19, 2019 Weekly Round Up

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Happy Friday and Happy Easter!  Here are a few ag law stories in the news this week. *EPA Publishes “Interpretive Statement” on Applicability of Clean Water Act to Groundwater as Conduit.  You may recall from this prior blog post the legal issue surrounding groundwater as a conduit.  Basically, the question has arisen about whether the discharge of a point source pollutant into groundwater that is connected to a Water of the United States is withing the scope of the Clean Water Act.  The Environmental Protection Agency issued an… Read More →

Recorded Presentation: Overview of Texas Water Law

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Back in January, I was asked to present at the Texas Alliance on Water Conservation Water College in Lubbock.  I offered a brief overview of Texas water law, including the different legal approaches to groundwater and surface water and a discussion of some of the key cases relating to both.   The folks at TAWC recorded the audio of me speaking along with my slide show.  If you’re interested in viewing my presentation, click here. {For more information on Texas water law, check out this fact sheet and… Read More →

September 14, 2018 Weekly Round Up

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As usual, things around here have been crazy.  I apologize for the lack of a Round Up post last Friday, but I spend most of my week on the road.  Last Tuesday, I was in Childless for an Extension wildlife meeting talking about hunting leases.  Then, on Friday I spoke at our Ranchers Leasing Workshop event in Bryan.  Saturday, I was able to speak at the Agricultural Economics Department Tailgate before the Texas A&M University football game.  Then, this Tuesday I made my way to Lubbock to speak… Read More →

August 31, 2018 Weekly Round Up

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Welcome to the end of August!  I’m not sure how the summer has already flown by, but here we are.  This week I was in Stephenville in Tuesday for an agricultural leasing and law program.  We had a great turnout, so welcome to those of you joining from that event. Here are some of the ag law stories in the news this week. * Appellate court reverses trial court decision in Lost Pines GCD date.  Earlier this year, a Bastrop County judge held that the Lost Pines GCD… Read More →

August 24, 2018 Weekly Round Up

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Happy Friday!  This week I traveled to Paducah on Tuesday to present on hunting leases at the Cottle County Wildlife Conference.  Welcome to those of you joining from that meeting. Here are some of the ag law stories in the news. * 2015 WOTUS rule now in effect in 26 states, including Texas.  The legal wrangling over the Environmental Protection Agency’s 2015 WOTUS rule continues.  As you may recall, the EPA previously suspended the implementation of the rule until 2020, giving the agency time to promulgate and publish… Read More →