Landowners Have Rights To Groundwater: Texas High Court

Law360, New York (February 24, 2012, 5:37 PM EST) -- Texas' highest court ruled Friday that landowners hold rights to the groundwater beneath their property and should be adequately compensated if the water is taken for public use or if their access to the water is restricted by regulators.

“We held long ago that oil and gas are owned in place” — a term identifying substances existing in a reservoir, and not flowing through a pipeline or river — “and we find no reason to treat groundwater differently,” Judge Nathan L. Hecht wrote for the high...
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