The Valley Water Suit and Its Impact on Texas Water Policy: Some Practical Advice for the Future

Date

1977

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

The Valley water litigation consisted of fourteen years of trial and error attempts in the courts to determine the rights of agricultural and other users to the waters of the lower Rio Grande. These rights have now been ascertained; however, the author is convinced that many of the principles derived from the Valley water litigation are applicable to other regions of Texas where the availability of water is or will become a problem. Perhaps the area that stands to be most affected by these principles is the High Plains of Texas.' On the High Plains, the availability of a dependable water supply is the determinative factor in the value of the land. Yet water rights are still ascertained under the concept of absolute ownership -a concept rooted in the English Common Law but the very antithesis of present-day needs. The author firmly believes that in the end, the proponents of absolute ownership will fare no better than those who claimed an "absolute" riparian right to the waters of the lower Rio Grande. It is hoped that by tracing the history of Texas water policy and the solutions of and insights gained from the Valley water litigation, the need for action on the High Plains and the form that action should take will become apparent.

Description

Keywords

Valley water litigation, Water rights, Absolute ownership, Consumptive water use, Non-comsumptive riparian doctrine, Irrigation Act, Board of Water Engineers, BWE, State Board of Water Engineers v. McKnight, Water Control and Improvement Districts, WCID

Citation

8 Tex. Tech L. Rev. 577