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Texas Senate Passes Groundwater Ownership Bill

Law360 (April 1, 2011, 8:25 PM EDT) -- The Texas Senate passed a bill Wednesday giving landowners a vested ownership interest in the groundwater beneath their property that, if enacted, could play a role in the ongoing dispute between conservation agencies and property owners over the resource.

Senate Bill 332, introduced by Sen. Troy Fraser, passed with a 28-3 vote in an attempt to codify the 100-year-old rule of capture doctrine established in 1904 by the Texas Supreme Court.

"The right to produce groundwater from beneath your property is one of the most basic...
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