Important Texas water rights case could affect oil & gas activities as well - Corporate Counsel Newsstand - Powered by Lexology
Note: The link above leads to an article which discusses the recent Texas Supreme Ct ruling in Edwards Aquifer Authority v. Day, which asserted a Texas landowner's interest in the rights to the groundwater beneath his property. Apparently, in Texas this question had remained unanswered since the implementation of the Rule of Capture to ground water rights back in 1904 (and the subsequent additions of powers ascribed to water districts). The above linked article from the law firm King & Spalding speculates about this determination of Texas water rights as they relate to fracking (a petroleum extraction method which uses enormous amounts of water).
As you may or may not know, I'm generally very interested in Texas water law and water rights. As the Texas population continues to grow, expect water issues to garner more attention. Furthermore, pay attention to the Rule of Capture and its application to groundwater when this concept appears in other groundwater related contexts. Also, look no ruther than a few posts down to find a link to an article about the EPA's ongoing study of fracking's effects on groundwater. -WDFloyd
