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Author: Jennifer Walker

Texas’ Courts Legal Treatment of Groundwater is Fluid

Groundwater rights have been hotly debated in Texas for as long as there has been the ability to pump it. Unlike surface water, which is owned by the state and held in trust for the public, Texas courts have ruled that groundwater is the surface owner’s vested private property. This vested right can be regulated by Groundwater Conservation Districts (GCD). But not all regions have GCDs and their regulatory approaches can vary greatly even if they are present, so the primary legal rule governing groundwater pumping is the Rule of Capture. This rule was adopted by the Texas Supreme Court as the governing principle of groundwater law over a century ago. The Court did...

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Next Steps for San Antonio’s Vista Ridge Project

This blog was written with the assistance of Amy Hardberger, Assistant Professor of Law at St. Mary's University Last week, the San Antonio City Council unanimously voted to move forward with the Vista Ridge Project that plans to bring 50,000 acre-feet of groundwater from Burleson County to the city. Because of our many concerns with this project, the vote was a disappointment, but last Thursday’s Council deliberation did stir some positives worth discussing. Edwards Aquifer Protection Environmental groups have been publicly criticized for opposing the Vista Ridge project. Project supporters argue environmentalists should support the project reasoning the additional water will reduce pumping on the Edwards Aquifer. Indeed, it does seem that initially the water from...

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Financing Sustainable Water: Tools for Solving the Revenue/Conservation Paradox

There are many reasons to get excited about water conservation. However, one big question that water utilities often confront is how can a utility sustain itself financially if it encourages its customers to buy less of its product? Solutions to this challenge don’t lend themselves to quick and easy explanations, which is why the Texas Living Waters Project, in conjunction with Texas Water Foundation and the Alliance for Water Efficiency, is hosting one-day seminars in both Houston and Dallas. The seminars are designed to provide information utilities need to navigate the challenges of revenue volatility, scarce supply, variable weather, and declining demand. Water resource professionals, and water conservation advocates willing to embrace the details, will...

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Vista Ridge Project Creates More Questions Than Answers

UPDATE: My  statement from the public hearing can be read here. This blog was written with the assistance of Tyson Broad with the Lone Star Chapter of the Sierra Club For those who are keeping track, we are in year 4 of a statewide drought. Although some areas have received rainfall relief, the continuing drought has led many communities to ponder whether they have enough water for their future and, if not, where more water can be procured. Unfortunately, new water isn’t something that can easily be bought or delivered. It’s expensive, the infrastructure is lacking and the locals often don’t want it exported away from their region. Last spring, we posted a piece about a...

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Limits to outdoor watering become a permanent part of the Texas landscape

As Smart Irrigation Month ends and summer temperatures continue to rise, outdoor irrigation continues to be limited across much of Texas. Some outdoor irrigation restrictions are always in effect through water conservation policies, whereas others are temporarily triggered as a result of drought response. Water conservation strategies reduce the consumption, loss, or waste of water at all times, whereas drought response is triggered during dry periods to ensure critical water needs are met. Cities across Texas have adopted water conservation policies that limit outdoor lawn irrigation as a way to reduce water waste and stretch existing water supplies. The City of Fort Worth is among the most recent to adopt no more than twice per...

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