Texas Underground Water Law: The Need For Conservation and Protection of a Limited Resource
Cisneros, George D.
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Examines the developments and complications associated with underground water law. Since the development of additional surface water would require large public expenditures, the need for effective underground water conservation in Texas is imperative. Unfortunately, the Texas Supreme Court and legislature have created a legal environment that is incompatible with effective conservation. Generally, the system's failure can be attributed to two factors: (1) the Texas Supreme Court has continued to apply the archaic English rule of absolute ownership of underground water; and (2) the legislature has delegated the power to regulate groundwater to those least likely to exercise it - the users of underground water. The author contends that the complications with the water law are a response to the practices of extensive pumping on the coast and other uses throughout the state.
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