From Essentials of Texas Water Resources:
In Edwards Aquifer Authority v. Day, 274 S.W.3d at 742 (Tex. App.—San Antonio 2008, pet. filed), the court reviewed, among other issues, a summary judgment in favor of the authority on Day and McDaniel’s claim that the operation of the Edwards Aquifer Authority legislation and its decision denying Day and McDaniel’s permit application constituted a taking under Tex. Const. art. I, § 17. The authority has argued that the takings claim failed because the landowner “did not have a constitutionally protected
vested interest in the groundwater.” Day, 274 S.W.3d at 756. The court cited its decision in City of Del Rio v. Hamilton Trust and held that landowners have ownership rights in the groundwater and therefore have a vested right therein. The court further held that the landowner’s “vested right in the groundwater beneath their property is entitled to constitutional protection.” Day, 274 S.W.3d at 756.
Either or both of these cases could be reviewed by the Texas Supreme Court. For now they represent the most definitive treatment of the nature of the real property groundwater right.
Edwards Aquifer Authority v. Day was reviewed by the Supreme Court of Texas last week. One of the Amicus Curiae briefs for this case was filed by Russell S. Johnson on behalf of the Texas Wildlife Association. Mr. Johnson is also the author of the chapter, “Groundwater Law and Regulation” found in Essentials of Texas Water Resources.
Read the history of the case.
Read the briefs.
What is the one most-asked question lawyers will find an answer to in Essentials of Texas Water Resources?
How does Texas make legal and policy decisions about water resources?
What did you find most rewarding or interesting about volunteering your time to this project?
There are only two Texas water law treatises of which I am aware. One was published in the 1960s (Hutchins) and the second was published in the 1990s (Skillern). Neither has been kept updated. As this issue increases in importance, the law changes rapidly. What I find most rewarding is knowing that this book will contribute to the body of law on this subject and fill an important need, especially because it is designed to be updated periodically.
What I found to be most interesting is working with the publisher and the many authors and expanding my knowledge about the subject.
What makes this book stand out from others on water law? How is this book different?
Currently, the only up to date source of Texas water law is seminar papers. There are no current Texas water law books. The goal of this book is to cover all aspects of water resource law. In order to do so, it lays the foundation with a solid grounding in scientific terms and concepts, as well as policy and planning.
State one compelling reason why attorneys should have this book on their shelves.
Water is essential to the state’s economic growth and to the well-being of its citizens. Every day the news media carries stories about water. If an attorney is counseling clients about water, the book will be an invaluable resource. If an attorney’s practice does not generally include water law, the book will be a cost-effective method for identifying when water issues may be important to the attorney’s clients.
What are you reading now?
Prairie Nocturne by Ivan Doig; Chronicle of a Death Foretold by Gabriel Garcia Marquez; Gertrude Bell: Queen of the Desert, Shaper of Nations by Georgina Howell; and Smithsonian, Texas Highways, Nature Conservancy, and Preservation magazines.
To purchase your copy of the Essentials of Texas Water Resources at the introductory price of $195, click here.
