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Tom Mason comments on Supreme Court’s Groundwater decision

Today the Texas Supreme Court issued a long awaited opinion regarding ownership of groundwater and opened the door to constitutional takings claims based on groundwater district pumping restrictions.  In a unanimous decision (Edwards Aquifer Authority and State of Texas v. Burrell Day and Joel McDaniel), the Court ruled that landowners own the groundwater “in place” beneath their property and that the Edwards Aquifer Authority’s pumping restrictions based on historical use can constitute a takings claim against the state.

 

Read more about this important decision online at the Statesman.com and Texas Tribune.org.

 

 Tom Mason has over 30 years of experience in the area of water law.

Feb 24, 2012