| Edwards Aquifer Authority v. Day and McDaniel | |
|---|---|
 | |
| Court | Supreme Court of Texas |
| Decided | February 24, 2012 |
Edwards Aquifer Authority v. Day and McDaniel is a judgment of the Supreme Court of Texas.
| Edwards Aquifer Authority v. Day and McDaniel | |
|---|---|
| | |
| Court | Supreme Court of Texas |
| Decided | February 24, 2012 |
Edwards Aquifer Authority v. Day and McDaniel is a judgment of the Supreme Court of Texas.
The Edwards Aquifer is the primary water source for much of southern central Texas. [1] Burrell Day and Joel McDaniel owned a 350-acre ranch in Van Ormy, Bexar County. [2] Under the Edwards Aquifer Authority Act (EAAA), landowners who had historically used Edwards Aquifer groundwater for irrigation purposes were assured of a minimum permit amount of 2 acre-feet of production per year per acre irrigated. [3]
On February 24, 2012, the Supreme Court of Texas issued a 50-page, unanimous opinion written by Justice Nathan Hecht affirming the Fourth Court of Appeals decision. [4]
Applying the case law applicable to oil and gas, the Texas Supreme Court determined that groundwater is "owned in place" by the landowner, and that this ownership right can support a claim for uncompensated taking under the state and federal constitutions. [5]
The Texas Farm Bureau welcomed the decision. [2] The rule on uncompensated taking was applied in Edwards Aquifer Authority v. Glenn and JoLynn Bragg. [6]
An aquifer is an underground layer of water-bearing permeable rock, rock fractures or unconsolidated materials.
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