Edwards Aquifer Authority v. Day and McDaniel
| Edwards Aquifer Authority v. Day and McDaniel | |
|---|---|
 | |
| Court | Supreme Court of Texas |
| Decided | February 24, 2012 |
Edwards Aquifer Authority v. Day and McDaniel is a judgment of the Supreme Court of Texas.
Facts
[edit]The Edwards Aquifer is the primary water source for much of southern central Texas.[1] Burrell Day and Joel McDaniel owned a 350-acre ranch in Van Ormy, Bexar County.[2] Under the Edwards Aquifer Authority Act (EAAA), landowners who had historically used Edwards Aquifer groundwater for irrigation purposes were assured of a minimum permit amount of 2 acre-feet of production per year per acre irrigated.[3]
Judgment
[edit]On February 24, 2012, the Supreme Court of Texas issued a 50-page, unanimous opinion written by Justice Nathan Hecht affirming the Fourth Court of Appeals decision.[4]
Applying the case law applicable to oil and gas, the Texas Supreme Court determined that groundwater is "owned in place" by the landowner, and that this ownership right can support a claim for uncompensated taking under the state and federal constitutions.[5]
Commentary
[edit]The Texas Farm Bureau welcomed the decision.[2] The rule on uncompensated taking was applied in Edwards Aquifer Authority v. Glenn and JoLynn Bragg.[6]
References
[edit]Citations
[edit]- ^ Walton 2013, p. 30, Dependence on the Edwards Aquifer.
- ^ a b Galbraith, Kate (February 24, 2012). "Texas Supreme Court Hands Victory to Landowners in Landmark Water Case". The Texas Tribune. Archived from the original on August 10, 2021. Retrieved August 30, 2021.
- ^ Johnson & Ellis 2013, p. 37, Facts of the Day Case.
- ^ Johnson & Ellis 2013, p. 38, The Supreme Court Answers the Question of the Nature of Landowner Groundwater Rights.
- ^ Johnson & Ellis 2013, p. 39, Impacts on Surface and Groundwater Management and Regulation.
- ^ Malewitz, Jim (May 1, 2015). "State High Court Punts on Major Water Case". The Texas Tribune. Archived from the original on August 9, 2021. Retrieved August 30, 2021.
Bibliography
[edit]- Johnson, Russell S.; Ellis, Gregory M. (May 17, 2013). "A New Day? Two Interpretations of the Texas Supreme Court's Ruling in Edwards Aquifer Authority v. Day and McDaniel". Texas Water Journal. 4 (1): 35–54. doi:10.21423/twj.v4i1.6990. ISSN 2160-5319.
This article incorporates text from this source, which is available under the CC BY 4.0 license. - Walton, Adam T. (August 2013). "Edwards Aquifier [sic] Authority v. Day and the Search for Consistency in the Theory of Groundwater Rights". Liberty University Law Review. 8 (1): 27–75.
Further reading
[edit]- Newman, Ashlie (2012). "Edwards Aquifer Authority v. Day and the Future of Groundwater Regulation in Texas". The Review of Litigation. ISSN 0734-4015.
- Kulander, Christopher S. "Edwards Aquifer Authority v. Day and Bragg – Predictions on Their Effects for Regulatory Takings Claims for Groundwater Used in Oil & Gas Operations" (PDF). Baylor Law Review. 66 (3): 471–528. ISSN 0005-7274.