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Edwards Aquifer Authority v. Day and McDaniel

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Edwards Aquifer Authority v. Day and McDaniel
CourtSupreme Court of Texas
DecidedFebruary 24, 2012 (2012-02-24)

Edwards Aquifer Authority v. Day and McDaniel is a judgment of the Supreme Court of Texas.

Facts

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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

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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

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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

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Citations

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  1. ^ Walton 2013, p. 30, Dependence on the Edwards Aquifer.
  2. ^ 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.
  3. ^ Johnson & Ellis 2013, p. 37, Facts of the Day Case.
  4. ^ Johnson & Ellis 2013, p. 38, The Supreme Court Answers the Question of the Nature of Landowner Groundwater Rights.
  5. ^ Johnson & Ellis 2013, p. 39, Impacts on Surface and Groundwater Management and Regulation.
  6. ^ 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

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Further reading

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