Lawsuit Could Determine Future of Groundwater

On the surface, it’s a case about an oat-and-peanut farm and two South Texas men who wanted enough water to operate it. But underneath lies a century-old tug-of-war — between landowners, groundwater conservation districts, municipalities and the Legislature — over who really owns the water beneath the land.

When the Texas Supreme Court took up Edwards Aquifer Authority v. Day in January — a year after Day’s death and almost 15 years after the original claim — representatives of water interests across the state began churning out amicus briefs. Now, after February’s oral arguments, they wait anxiously for the court to ...

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