Ag boss makes request to supreme court on water rights case

2010-02-21 / Lone Star Report

Agriculture Commissioner Todd Staples said the Texas Department of Agriculture filed an amicus letter brief, or formal comments, supporting private property owner rights in the Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel case, pending before the Texas Supreme Court.

The Edwards Aquifer Authority (EAA) is proposing a law change that would leave existing and future groundwater users with limited or no ability to protect their investments or rights.

“Texans just passed Proposition 11 to protect the right to own land, and I am encouraging the court to uphold the laws that protect our groundwater,” Commissioner Staples said.

“The Texas Department of Agriculture has a responsibility to ensure the court understands the potential impact of the Edwards Aquifer Authority’s position on agriculture. If the court supports the EAA’s position, landowners may lose ownership rights in the water beneath their land. The Texas Constitution and state law clearly recognize those rights and provide a regulatory framework to protect them.”

Oral arguments were presented Wednesday at the Texas Supreme Court building in Austin.

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