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Emerging Water Rights Issues. International Rights of Way Association Hot Topics in Real Estate and Eminent Domain Seminar September 8, 2006. Lynn Sherman [email protected]. “He’s just as full of (expletive) as a Christmas turkey. I promise you.”. Harvey Everheart. - PowerPoint PPT Presentation
Citation preview
Emerging Water Emerging Water Rights IssuesRights Issues
Lynn Lynn ShermanShermanlshermanwinsteadcom
International Rights of Way Association
Hot Topics in Real Estate andEminent Domain Seminar
September 8 2006
ldquoldquoHersquos just as full of (expletive) Hersquos just as full of (expletive)
as a Christmas turkey as a Christmas turkey
I promise yourdquoI promise yourdquo
General Manager Mesa Underground Water Conservation Districtquoted in the San Antonio Express News
August 13 2006
Harvey Everheart
1950rsquos TODAY
De
vel
op
ed S
up
plie
s
Pe
r C
apit
a
ALMOST ON PAR WITH 50rsquoS DROUGHT
Water Development Timeline
NEEDED
SUPPLIES
1950rsquosDROUGHT
UNPARALLELED GROWTH
FUTURE
DE
VE
LO
PE
D S
UP
PL
IES
DAM BUILDING ERA
1960rsquos-1980rsquos
POPULATION DOUBLES
IN 2050
EXISTING SUPPLIESDECREASE BY
20
ldquoNO DEVELOPMENTrdquo PERIOD
1980rsquos to Date
ldquoldquoif a drought occurs in 2050if a drought occurs in 2050almost half (43 percent) almost half (43 percent) of the municipal demandof the municipal demand
could not be satisfiedcould not be satisfiedby current sourcesrdquo by current sourcesrdquo
Water for Texas ndash 2002 (ldquoThe State Water Planrdquo) TWDB January 2002 p 2
bull Most rivers are fully or over appropriated
bull Most good reservoir sites are gone
bull Reservoir permitting is much more difficult
bull Bays and estuaries need protection
Where will the water Where will the water come fromcome from
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
ldquoldquoHersquos just as full of (expletive) Hersquos just as full of (expletive)
as a Christmas turkey as a Christmas turkey
I promise yourdquoI promise yourdquo
General Manager Mesa Underground Water Conservation Districtquoted in the San Antonio Express News
August 13 2006
Harvey Everheart
1950rsquos TODAY
De
vel
op
ed S
up
plie
s
Pe
r C
apit
a
ALMOST ON PAR WITH 50rsquoS DROUGHT
Water Development Timeline
NEEDED
SUPPLIES
1950rsquosDROUGHT
UNPARALLELED GROWTH
FUTURE
DE
VE
LO
PE
D S
UP
PL
IES
DAM BUILDING ERA
1960rsquos-1980rsquos
POPULATION DOUBLES
IN 2050
EXISTING SUPPLIESDECREASE BY
20
ldquoNO DEVELOPMENTrdquo PERIOD
1980rsquos to Date
ldquoldquoif a drought occurs in 2050if a drought occurs in 2050almost half (43 percent) almost half (43 percent) of the municipal demandof the municipal demand
could not be satisfiedcould not be satisfiedby current sourcesrdquo by current sourcesrdquo
Water for Texas ndash 2002 (ldquoThe State Water Planrdquo) TWDB January 2002 p 2
bull Most rivers are fully or over appropriated
bull Most good reservoir sites are gone
bull Reservoir permitting is much more difficult
bull Bays and estuaries need protection
Where will the water Where will the water come fromcome from
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
1950rsquos TODAY
De
vel
op
ed S
up
plie
s
Pe
r C
apit
a
ALMOST ON PAR WITH 50rsquoS DROUGHT
Water Development Timeline
NEEDED
SUPPLIES
1950rsquosDROUGHT
UNPARALLELED GROWTH
FUTURE
DE
VE
LO
PE
D S
UP
PL
IES
DAM BUILDING ERA
1960rsquos-1980rsquos
POPULATION DOUBLES
IN 2050
EXISTING SUPPLIESDECREASE BY
20
ldquoNO DEVELOPMENTrdquo PERIOD
1980rsquos to Date
ldquoldquoif a drought occurs in 2050if a drought occurs in 2050almost half (43 percent) almost half (43 percent) of the municipal demandof the municipal demand
could not be satisfiedcould not be satisfiedby current sourcesrdquo by current sourcesrdquo
Water for Texas ndash 2002 (ldquoThe State Water Planrdquo) TWDB January 2002 p 2
bull Most rivers are fully or over appropriated
bull Most good reservoir sites are gone
bull Reservoir permitting is much more difficult
bull Bays and estuaries need protection
Where will the water Where will the water come fromcome from
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Water Development Timeline
NEEDED
SUPPLIES
1950rsquosDROUGHT
UNPARALLELED GROWTH
FUTURE
DE
VE
LO
PE
D S
UP
PL
IES
DAM BUILDING ERA
1960rsquos-1980rsquos
POPULATION DOUBLES
IN 2050
EXISTING SUPPLIESDECREASE BY
20
ldquoNO DEVELOPMENTrdquo PERIOD
1980rsquos to Date
ldquoldquoif a drought occurs in 2050if a drought occurs in 2050almost half (43 percent) almost half (43 percent) of the municipal demandof the municipal demand
could not be satisfiedcould not be satisfiedby current sourcesrdquo by current sourcesrdquo
Water for Texas ndash 2002 (ldquoThe State Water Planrdquo) TWDB January 2002 p 2
bull Most rivers are fully or over appropriated
bull Most good reservoir sites are gone
bull Reservoir permitting is much more difficult
bull Bays and estuaries need protection
Where will the water Where will the water come fromcome from
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
ldquoldquoif a drought occurs in 2050if a drought occurs in 2050almost half (43 percent) almost half (43 percent) of the municipal demandof the municipal demand
could not be satisfiedcould not be satisfiedby current sourcesrdquo by current sourcesrdquo
Water for Texas ndash 2002 (ldquoThe State Water Planrdquo) TWDB January 2002 p 2
bull Most rivers are fully or over appropriated
bull Most good reservoir sites are gone
bull Reservoir permitting is much more difficult
bull Bays and estuaries need protection
Where will the water Where will the water come fromcome from
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
bull Most rivers are fully or over appropriated
bull Most good reservoir sites are gone
bull Reservoir permitting is much more difficult
bull Bays and estuaries need protection
Where will the water Where will the water come fromcome from
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
So what is So what is availableavailable
groundwater
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Source USGS
Worldwide
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Groundwater transfers are not a new phenomenon
TODAYTODAY 55 of Texasrsquo population 55 of Texasrsquo population
depends upon groundwater for depends upon groundwater for its drinking water supplyits drinking water supply
ldquoGround Waterrsquos Rule in Texasrsquo Economic Vitalityrdquo Natrsquol Groundwater Assoc wwwngwaorg
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Where will groundwater transfers come from
Private landownersPrivate landownersWhyWhy
Because 95 of Texas is Because 95 of Texas is privately ownedprivately owned
and groundwater is owned and groundwater is owned by the landownerby the landowner
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
hellipand now for some legal theoryhellip
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
The Bundle of Sticks
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
The Groundwater StickWho owns the
groundwater stick
(ie the groundwater under a parcel of land)
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
God NO
(with all due respect)
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
mankind
NO
womankind
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
The Federal Government
Here comes the Tax Man
NO
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
NO
The State
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
who owns the groundwater under a parcel of
land
So
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
The Landowneror
his or her Transferee
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
ldquoRule of Capturerdquo
is aMisnomer
Gives a Vested Property Right
to the LandownerEven If There Is No Water Well
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
but the culmination of
over 1600 years of legal precedent
It is not a willy-nilly aberration
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Can the ldquoRule of Capturerdquo be modified
YESonly through the exercise
of the Statersquos police powers
not without constitutional ldquotakingsrdquo implications
but
and
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Letrsquos go to the books
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Edwards Aquifer Authority ActEdwards Aquifer Authority Act(Act of May 30 1993 73d Leg RS ch 626 (Act of May 30 1993 73d Leg RS ch 626 sect 107 1993 Tex Gen Laws 2350 2356)sect 107 1993 Tex Gen Laws 2350 2356)
ldquoldquoThe legislature intends that The legislature intends that just compensation be paid if just compensation be paid if implementation of this article implementation of this article causes a taking of private causes a taking of private property in contravention property in contravention of the Texas or federal of the Texas or federal consitutionrdquoconsitutionrdquo
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
HB 803HB 8037878thth Legislature Legislature
(Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 (Act of May 28 2003 78th Leg RS ch 1032 2003 Tex Gen Sess Laws 2979 now codified atnow codified at Tex Prop Code Ann Tex Prop Code Ann sectsect 21021amp 210421)sectsect 21021amp 210421)
bull Authorizes political subdivisions to Authorizes political subdivisions to condemn land for the purpose of condemn land for the purpose of ldquoacquiring rights to groundwaterrdquoldquoacquiring rights to groundwaterrdquo
bull Requires payment to landowners for Requires payment to landowners for property rights in groundwater that are property rights in groundwater that are takentaken
bull Defines groundwater as ldquoproperty apart Defines groundwater as ldquoproperty apart from the landrdquofrom the landrdquo
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
What is the What is the costcost
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
ldquoldquoWater is more Water is more valuable than oil valuable than oil
water is liferdquowater is liferdquo
Mohamar Ghadafi
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Edwards Aquifer
Jan-93
Jun-94
Oct-95
Mar-97
Jul-98
Dec-99
Apr-01
Sep-02
Jan-04
May-05
Oct-06
Feb-08
$115 $215 $203 $153 $215 $215 $215 $215 $215 $215 $537 $767 $1619 $1688
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
1000
of water
gallons
$183 = City of Lubbock tap water
$11280 = evian ( 82nd and Quaker)
(Source Wine Spectator April 30 2003)
$13000 asymp most expensive
Implications
Source USGS
Implications
Source USGS
Source USGS