The Edwards Aquifer Authority, et al. v. Day, et al., 369 S.W.3d 814 (Sup. Ct. Tex. 2012)

(Court unanimously holds (affirming court of appeals), on basis of oil and gas law, that landownership in TX includes interests in in-place groundwater; such water cannot be taken for public use without adequate compensation guaranteed by Article I, Section 17(a) of the TX Constitution; plaintiffs, farmers, had sought permit to pump underground water to grow and irrigate crops; underground water at issue located in Edwards Aquifer and plaintiffs' land situated entirely within boundaries of Edwards Aquifer; permit granted, but limited to 14 acre-feet of water rather than 700 acre-feet that was sought because plaintiffs could not establish "historical use"; Court determined that plaintiff's practice of issuing permits based on historical use was unjustified departure from Texas Water Code permitting factors).

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