Friday, February 19, 2010
Texas Supreme Court case has big implications for groundwater management
The Texas Supreme Court heard oral arguments this week for a case that some knowledgeable people are saying could have significant implications for landowners and groundwater water regulators
NPR's Morning Edition aired an informative report on the case Tuesday of this week. Here's the audio link: http://kut.org/items/show/19856
Here's a statement we received from the Hays Trinity Groundwater Conservation District:
"Principles in this action feel this is the most important water rights ruling to ever appear before the court and could significantly impact a Groundwater District’s ability to effectively manage this precious resource and change the way state water planning is performed. Lawyers representing landowners argue the property owner’s full rights are at stake."
Doug Wierman, president of the board of the HTGCD said this: "There are huge implications whether or not groundwater under your property is your vested right and you can withdraw as much as you want and basically throws out management of the aquifers. Locally it would pretty much dash any opportunity to manage the Trinity Aquifer (if the court rules in a sweeping decision for the petitioners Day/McDaniel). This is clearly something worth watching."
The case is titled "The Edwards Aquifer Authority and The State of Texas v. Burrell Day and Joel McDaniel." Docket No. 08-0964
You can read the Day/McDaniel petition for review in down-loadable pdf format here: http://www.supreme.courts.state.tx.us/ebriefs/08/08096406.pdf
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8 comments:
As water becomes more precious to those in power, citizens will lose their right to it.
It's called Capitalism and deformed government.
Americans are becoming more enslaved every day.
Unfortunately citizens are being enslaved by their own naivete, passivity, American dream fantasy, and free markets rhetoric. And their corporate masters know how to use their comfort, greed and ignorance against them. Kind of like incest. Honor Thy Father while he molests you.
Just remember that Representative Lloyd Doggett supported HR 2421 (Clean Water Restoration Act of 2007) which gave control of all water and water activities to federal authorities.
We need to keep an eye on all the hired help at the Congress and the Supreme Court of Texas as they deal with our water rights. It is bad enough we have Aqua Texas and its shenanigans without having to fight politicos as well.
Jeff, I think you had that last line reversed.
"It is bad enough we have Aqua Texas and its shenanigans without having to fight politicos as well."
Perhaps it should read:
"It is bad enough we must fight politicos without having to fight Aqua Texas and its shenanigans."
At least, in my humble opinion as few elected officials do what they should do for the community good.
Since Texas has done such a bang up job with water issues, leaving us all with the threat of being high and dry from time to time, a little review and reform of the water laws sounds like a smart move. Just like education and the state of Texas, we can't do much worse if we try something different like not letting a few folks make a disaster for all of us.
And before you blow a gasket with accusations that I'm anti-property rights, you have to realize that if your neighbor wants to waste all the water under him or her - it will impact you and hiding from the issue doesn't work as a long term strategy. Responsible use will never be penalized but wasteful use should not be rewarded with a laissez- faire acceptance.
Water, just try living without it.
As FDR once said, “the only thing we have to fear is fear itself”. If we are honest this entire struggle over ground water is based on unrealized fears. Some fear that the aquifers are drying up and want to chuck the Constitution to prevent it. Some fear that some nutty professor is going to come on their land and turn off their pump and plug their well. I think neither is true and we need to come together in cooperation to solve this issue.
The antiquated Texas doctrine of “rule of capture”, grants landowners the right to capture the water beneath their land. The landowners have the right to pump/capture whatever water is there, regardless of the effects of that pumping on their neighbor’s wells. In other words the groundwater belongs to the guy with the biggest pump. Caveman law, it seems.
While this rule made sense in the distant past it is not relative in today’s Texas. If this rule is accepted as settled law, we may never recover and many will suffer. Groundwater, unlike oil, gas, iron, gold silver, etc. is not a finite resource as some have said. Aquifers are constantly going through depletion and re-charge cycles. These cycles are not well understood and that is what causes some fears of a something like the “Dust Bowl Days”.
Last summer the Jacob’s Well Spring stopped flowing completely and some “experts” predicted it would never flow again. The late summer and fall rains came and the last I checked, Jacob’s Well was flowing at about 60 cubic feet or over 400 gallons per second. It looks like the well’s death was overstated. Could this have been junk science to support a political agenda?
We do not necessarily have a water problem we have a population problem and a lack of complete scientific facts on groundwater. Until we realize that and remove politics from the mix, there will be no relief from this struggle.
If the Supreme Court finds for the property owners in this case it will really gum up the works and some fears may be realized.
Hey, quit complaining and start up your own water company. All this talk about slavery and rights is pure BS. We can all be Daniel Boone Pickens if we work hard. Believe it.
Responsible and fair management of our water resources is the biggest issue facing all of us in Central Texas, bar none. Underscore RESPONSIBLE and FAIR to all water users.
With Patrick Rose in the Legislature, we can all rest assured that he will continue to be responsible and fair to his big developer contributors and the monied interests.
Rose's 8-year record is plain as day about where he stands: Zilch in responsible groundwater management; zilch in badly needed new development authority in unincorporated areas for the three 3 counties in his district; and big gains for land developers and road contractors.
Patrick Rose is the wrong person at the wrong time to be representing the water interests of all constituents fairly and responsibly.
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