The rule of "capture" has meant for a long time in Texas that the oil and gas lying beneath your land belong to you. Now it also means you own the subterranean water. The Edwards Aquifer Authority v. Day, No. 08-0964 (Tex. Feb. 24, 2012).
The Court ruled, 9-0, that limiting landowners' right to use ground-water amounted to a "taking", for which the state owed compensation.
Justice Nathan Hecht wrote the opinion for the unanimous Court.
Comments