California recently responded to a crisis in the availability of water by placing limits on usage.
Texas Courts of Appeals have made it difficult for that to occur in Texas should our drought get that bad.
- Click here for the article.
Texas Courts of Appeals have made it difficult for that to occur in Texas should our drought get that bad.
- Click here for the article.
A state appeals court has sided with farmers, ranchers and other longstanding water rights holders in a Brazos River case with widespread implications for future water battles in drought-prone Texas.
Upholding a lower court’s ruling, the 13th Court of Appeals in Corpus Christi on Thursday ruled that Texas cannot give special treatment to cities or power generators over more “senior” water rights holders on parched rivers – even if the state declares it necessary to protect the “public health, safety and welfare.”
As it stands, the decision would require some cities, power generators or others with more “junior” river rights to pay up or go thirsty when severe drought strikes.
The Texas Farm Bureau, which challenged a Texas Commission on Environmental Quality policy giving cities preferential treatment in certain water squabbles, applauded the ruling.
“It’s a clear win for private property rights,” said Regan Beck, assistant general counsel for the group. “The rules that TCEQ is trying to promulgate would really do away with the priority system as we know it.”
The TCEQ said it was "disappointed" in the decision and planned to appeal it to the Texas Supreme Court.
Prioritizing access for cities and power plants is "essential for public health, safety and welfare throughout the state, especially during these times of record drought," Terry Clawson, its spokesman, said in a statement.
