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Author: Jennifer Walker

More Information on Texas Groundwater Law

Yesterday, I was invited to be on Texas Public Radio’s show, The Source to discuss the recent Bragg v. EAA court decision and the status of groundwater law in Texas.  Attempting to explain groundwater rules in short concise sound bites reminded me how complicated groundwater's legal history is and how unsustainable it can seem.  The show’s host, David Martin Davies commented that one of the challenges to water and water law is that so few people understand it or notice these new court decisions.  I have to agree.  It’s no one’s fault – it’s just so confusing!! I have been working with water law for about ten years and I am still learning...

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Cutting off Matagorda Bay’s Water is Unwise and Inconsistent with Texas Law

Previously, we posted about LCRA’s decision to seek emergency authorization from TCEQ to allow them to diverge from their Water Management Plan and suspend river flows to Matagorda Bay LCRA submitted their request to TCEQ on Thursday, September 26th.  We will lay out the process at TCEQ in another post.  Our current guess is that TCEQ may not take action on the request until mid-late October. This request is unprecedented and should be approached with an abundance of caution.  It is important to know the water in question here is to provide “critical flows” to Matagorda Bay.  This minimal level of freshwater inflows is designed to provide a sanctuary area near the mouth of the...

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State Officials Should Engage (Not Fight) Stakeholders on Endangered Species

When you decide to dedicate your career to environmental advocacy, you know the job will involve tackling some difficult issues and you know many people are going to disagree with you.  I think that’s great. The best ideas usually include a variety of opinions and viewpoints.  While I welcome a debate on complex environmental issues, a recent op-ed on endangered species protection written by Jerry Patterson, Texas’ current Land Commissioner and candidate for Lt. Governor simply took my breath away.  While it’s possible there is more background his comments, it wasn’t included so I took it at face value. I should start by stating that this post is based on two basic assumptions: 1)...

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LCRA to Take Matagorda Bay Off Life Support?

UPDATE 9/19: The LCRA Board voted 9-6 yesterday to seek emergency authorization from TCEQ to temporarily suspend freshwater inflows to Matagorda Bay. ORIGINAL POST 9/12: Matagorda Bay is the second largest estuary on the Texas Gulf Coast.  The Bay stretches over approximately 350 square miles and, in a normal year, receives an average of 1.8 million acre-feet of inflows from the Colorado River. So far this year, bay inflows have been about 150,000 acre-feet.   Tuesday, the LCRA Board met to discuss the fate of Matagorda Bay.  More about that in a moment – but first let’s explain how we got there. The Colorado and Matagorda Bay As the stewards of the Lower Colorado River, the LCRA is...

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Texas Courts Start to Fill in the Blanks on Groundwater Law

About eighteen months ago, the Texas Supreme Court issued a historic ruling on groundwater law.  In Edwards Aquifer Authority (EAA) v. Day, the Day family and others sued the EAA claiming that the EAA’s regulation of the aquifer, which limited the landowner’s right to pump groundwater, violated their constitutional rights because the landowner owns the water under their property.  The court ruled in Day’s favor; however, the decision was as striking for what it didn’t say as for what it did.  While the court held that ownership of groundwater is a property right attached to surface ownership, the Court also held that regulation of the resource is permissible.  Questions remained as to how...

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