Law360 Guest Article: Ground(water)-Breaking Decision


On Feb. 24, 2012, two years after oral argument, the Texas Supreme Court issued its watershed decision in Edwards Aquifer Authority (the Authority) v. Day. The court’s long-awaited decision included two significant pronouncements on groundwater that are likely to have ripple effects throughout the water community and could open the flood gates to a wave of litigation.

The case involved an application for a water well permit to the Authority filed by two individuals, collectively referred to as Day. The amount of water to which Day was entitled depended on his predecessor’s historic beneficial use of groundwater. Day’s predecessor had produced groundwater from an artesian well and had stored it in an on-site lake.

Excerpt from Law360, March 9, 2012. To view the full article, click here (subscription required).

Related Practices

Email Disclaimer