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Groundwater Tag

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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SAWS is Challenged on Project Transparency

A recent article in the San Antonio Express News caught my eye and echoed some of my own thoughts so I decided to bring it here in case you missed it.  Last year in their new Water Management Plan (WMP), San Antonio Water Systems (SAWS) laid out several new or expanding water supply projects to ensure San Antonio’s water future.  One of these projects was the Request for Competitive Sealed Proposals or RFCSP, or as I call it: the pipeline project.  This project sought bids from water marketers to bring 20,000 acre-feet of groundwater per year from other parts of the state to San Antonio in an effort to diversify the city’s water...

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An Honest Conversation About Fracing Requires Honest Facts

Perhaps the most discussed environmental challenge these days is hydraulic fracturing or “fracing”.  You don’t have to look far to find documentaries, debates, websites and articles on both sides of the issue.  Fracing raises a wide-range of environmental issues, spanning from air quality to wildlife disruption.  In water challenged regions, such as parts of the South Texas’ Eagle Ford Shale area, a particularly important concern is the demand fracing places on water supplies. Fracing is the process of enhancing gas or oil production in tight rock formations by injecting fluids at high pressure to crack the rock and to free the product.   Once the fractures have been opened and extended, a propping agent, proppant,...

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