Category Archives: Water Law

September 1, 2017 Ag Law Weekly Round Up

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It has been quite a week here in Texas.  To those of you suffering the devastating floods, our thoughts and prayers are with you. To those of you joining us this week who attended the Ranchers Leasing Workshops in Lubbock and College Station, welcome to the blog!  Also, happy to have new followers from the estate planning program I recently spoke at in Longview. Here are some of the ag law stories making news this week. *WOTUS Rule repeal comment period extended through September 27, 2017.  The Environmental… Read More →

July 28, 2017 Weekly Round Up

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It’s the last Friday in July!  I hope everyone is staying cool during this summer heat.  Last week, I did a presentation via distance technology to the Texas Sheep and Goat Raisers Association meeting in Kerrville.  Welcome to those of you joining who attended the livestock guardian dog session! Here are a few ag law stories in the news.  As you will see, two of these items are frequent fliers on the Weekly Round Up! *USCIS issues new form I-9, mandatory September 18.  The US Customs and Immigration… Read More →

May 12, 2017 Weekly Round Up

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We’ve made it to Friday yet again!  Here are some of the legal issues in the news this week. * EPA seeks input from governors on revisions to WOTUS rule.  EPA Administrator Scott Pruitt sent a letter this week to the 50 state governors seeking input from them on the re-write of the WOTUS rule.  He noted the value and importance of local input when writing the new rule.  [Read article here.] * Federal judge dismisses legal challenge to North Carolina lawsuit over Property Protection Act.  A federal… Read More →

April 21, 2017 Weekly Round Up

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It has been quite a busy few weeks around here, I apologize for the lack of round up posts.  Towards the end of March, I did an online presentation for folks out in Culberson County and then made my way to two great conferences, the Four States Forage Conference in Texarkana and the Texas & Southwest Cattle Raisers Association Convention in San Antonio.  So far in April, I’ve been burning up the road and made trips to an extension program in Snyder and a wonderful inaugural Women in… Read More →

March 24, 2017 Weekly Round Up

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This has been a whirlwind of a week.  On Monday, I was in Tyler speaking at the Texas State Resource Conservation and Development Councils State Meeting, on Wednesday evening, Jim Bradbury, Kyle Weldon, & I conducted a webinar on fence law for the Texas & Southwestern Cattle Raisers Association, and on Thursday morning, I guest lectured via Skype for the Contemporary Issues in Ag course at Mississippi State University.  To those of you joining us from each of these programs, welcome! Here are some ag law stories in… Read More →

February 17, 2017 Weekly Round Up

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It’s been a busy week!  On Wednesday I spoke at the High Plains Irrigation Conference in Amarillo, and today I am in San Marcos to speak at the Texas Wine Grape Growers Association meeting.  (Tough gig, I know!)  To those of you joining from these meetings, welcome! Here are some of the ag law stories in the news.  As you will see, it was a busy week for supreme court water litigation between states. * Special Master Issues Report Recommending Denial of Motion to Dismiss in TX v…. Read More →

February 10, 2017 Weekly Round Up

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This week I traveled to Plainview for the Hale/Swisher County Crops Conference.  Welcome to those of you joining from that presentation.  Here are some of the ag law stories in the news this week. * New I-9 Form required to be used by employers.  The Department of Labor has updated the I-9 Form.  No major modifications were made, but employers should be aware of and utilize the new form as of January 22, 2017.  For more background on the I-9 requirements, click here to read a fact sheet… Read More →

Iowa Supreme Court Issues Ruling in Des Moines Water Works Case

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Last week, the Iowa Supreme Court issued a decision in a case concerning drainage from farmland upstream that allegedly increased nitrates in the Raccoon River beyond the acceptable drinking water level, causing the water supplier to incur costs of treatment.  In answering four state law questions certified to it, the Iowa Supreme Court sided with the drainage districts.  [Read full opinion here.] Background The Board of Water Works Trustees for the City of Des Moines Iowa (aka Des Moines Water Works and “DMWW”) is a municipal waterworks that… Read More →

2016 Ag Law Year in Review: State Level

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Happy New Year!  We are back with Part II in our series looking back at the biggest agricultural law issues of 2016.  If you missed Part I, which focused on federal issues, click here.  Today, we will be focused on Texas-specific issues. *Jury issues $2.4 million verdict in Bragg v. Edwards Aquifer Authority.  The seemingly unending saga of the Bragg case came to an end in 2016.  On remand, a Medina County jury issued a judgement in the amount of $2.5 million (exclusive of interest) in favor of the Braggs as… Read More →

October 7, 2016 Weekly Round Up

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Happy October!  Here are some of the ag law stories in the news this week. * Supreme Court to consider landmark groundwater dispute between Mississippi and Tennessee.  A groundwater dispute in which Mississippi claims that Tennessee is over-pumping an aquifer that lays beneath both states will be considered by the United States Supreme Court.  [Read article here.] *Lots to think about before entering into a solar lease agreement.  The Texas Observer published an article this week discussing a number of considerations that landowners need to keep in mind when approached… Read More →