Underground Water Users are Liable for Subsidence Proximately Caused By Negligent Drilling or Production

Analyses the Texas Supreme Court’s decision in Friendswood Development Co. v. Smith-Southwest Industries, Inc. The Court in Friendswood held Texas will, in the future, recognize a cause of action for subsidence cause by the negligent withdrawal of underground water, but refused to apply it to the instant case. The court’s adoption of the “Negligent Use” doctrine largely depends on interpretation of legislative intent and the legislature adopting a clearer statement of its dual policy of water conservation and prevention of subsidence.