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Water Law

St. Mary's University

Series

2013

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Full-Text Articles in Law

World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger Jan 2013

World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger

Faculty Articles

Texas has flourished in recent years, and its continued growth is predicated on access to groundwater resources. Texans have a long-standing dependence on groundwater, which accounts for 60% of all water withdrawn in the state. The State’s ability to provide sufficient groundwater resources depends on effective groundwater management.

Texas groundwater management has a long history of intertwined court decisions and legislation. The common law of groundwater was established by the Texas Supreme Court in accordance with the English common law right of capture. This rule was subsequently modified by the Legislature through the Conservation Amendment to the Texas Constitution, which …