TheNiche Posted February 24, 2012 Share Posted February 24, 2012 http://www.chron.com/news/environment/article/State-Supreme-Court-rules-in-groundwater-case-3358891.php“Unquestionably, the state is empowered to regulate groundwater production,” the opinion states. “ In many areas of the state, and certainly in the Edwards Aquifer, demand exceeds supply.”But the state's “taking” clause does apply to groundwater, the court found.How does this work!? Seems like there are practical limitations to the ability to quantify what's underground, how valuable it is, and what to do as it moves across property lines. If the State ends up paying people not to extract water, then won't that just cause lots of people to request the maximum amount so that they then get paid?Is this my cue? Do I need to go out and buy rural land? Quote Link to comment Share on other sites More sharing options...
samagon Posted March 7, 2012 Share Posted March 7, 2012 this interests me, groundwater is treated different from mineral rights (in Texas). I found a PDF from Baylor that made my eyes glaze over in seconds, but it may show to be a good read with the context of the article from the chron.http://www.baylor.edu/content/services/document.php/116807.pdf Quote Link to comment Share on other sites More sharing options...
Marksmu Posted March 7, 2012 Share Posted March 7, 2012 http://www.chron.com...ase-3358891.phpHow does this work!? Seems like there are practical limitations to the ability to quantify what's underground, how valuable it is, and what to do as it moves across property lines. If the State ends up paying people not to extract water, then won't that just cause lots of people to request the maximum amount so that they then get paid?Is this my cue? Do I need to go out and buy rural land?Water extraction quotas are based on historical use. Many of the counties already regulate this very tightly. If you have not already established a historical use they are not issuing any new permits for irrigation wells, only homes.This case turned water rights on its head in Texas by ruling that we are a capture state BUT it can still be regulated.....I am interested to see how it shakes out - but I would not go buy rural property if the property you are considering buying does not already have a long history of substantial water use. Quote Link to comment Share on other sites More sharing options...
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