Category Archives: Water Law

June 15, 2018 Weekly Round Up

Happy Friday!  I was able to have some time in the office this week and have scheduled several great blog posts over the coming months.  Be sure you subscribe so you don’t miss them!  Last night, I was able to do a presentation via internet for landowner in Brazoria County.  Welcome to those of you joining from that meeting. Here are some of the ag law stories in the news this week: *Article highlights dispute among neighbors on San Saba.  Naveena Sadasivam has written another really interesting article… Read More →

June 8, 2018 Weekly Round Up

Welcome to June!  I hope everyone is enjoying the warmer weather and sure pray we get some rain soon here in the Texas Panhandle.  Last week, I traveled to Quanah to do a presentation on hunting leases at an Extension Wildlife Conference.  Welcome to those joining from that event. Here are some of the ag law stories in the news this week. * NM State Land Commissioner alleges that Texas landowners are stealing NM water and selling it back across the border for fracking.  The Texas Tribune published… Read More →

May 25, 2018 Ag Law Round Up

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?

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

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 →

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

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 →

Do Landowners Have Right to Protest Proposed Water Project?

An interesting legal question has arisen in Bastrop County recently that could have impacts on groundwater law and landowner rights across Texas. Background In 2013, Recharge Water (formerly End Op) applied for a permit from the Lost Pines Groundwater Conservation District (GCD) to withdraw 56,000 acre-feet of water per year from the Simsboro formation of the Carrizo-Wilcox Aquifer in Bastrop and Lee Counties.  The company planned to export the water for sale in Hays, Travis, and Williamson Counties, although no specific buyer had been identified. In response, water… Read More →

Basics of Texas Water Law

I get a lot of questions about water law in Texas.  To help folks at least get a good starting point and lay of the land, I authored a fact sheet that outlines the basics of Texas water law.  To download a copy, click here.

February 9, 2018 Weekly Round Up

This week I enjoyed speaking on water law at the High Plains Irrigation Conference in Amarillo. Here are some of the ag law stories in the news. *Lawsuit filed against EPA’s 2-year delay of WOTUS rule.  Ten states have filed suit against the EPA challenging the agency’s 2-year delay of the 2015 WOTUS rule.  They allege that the delay was imposed without consideration of the “environmental and public health consequences of doing so” and that by reverting to the pre-2015 approach, the agency has undertaken a “redefinition” for… Read More →

February 2, 2018 Weekly Round Up

Welcome to February and Happy Groundhog Day!  This week I had some much-needed time in the office and was able to give an online guest lecture to the Ag Leadership class at Mississippi State University, taught by my friend, Dr. Laura Greenhaw.  Welcome to any new followers from her class! Here are some of the major ag law stories in the news this week. * EPA sets the effective date for 2015 WOTUS rule for 2020.  You may remember this prior post where we discussed the US Supreme… Read More →