Friday, March 2, 2012

The fallout form the Texas Supreme Court's water decision

Some thoughts from the San Antonio Express-News, more litigation and higher water costs:


The court decision raises numerous questions for EAA officials and Texans who rely on the Edwards Aquifer. The ruling will have widespread impact on other water districts as well.

Can every homeowner who has a lot over the aquifer now seek permission to drill a well and win compensation if the request is denied? Has the statute of limitations for seeking new pumping permits expired?

EAA officials may file a motion for reconsideration in an effort to learn more about the court's reasoning.


EAA Chairwoman Luana Buckner said the worst-case scenario is five or six years of lawsuits and takings rulings. That could drive up the cost of Edwards water dramatically.


Property rights advocates are cheered by the ruling, but the decision did not clarify what set of circumstances constitutes a taking.