A group of landowners, who filed suit against the State of Texas (TCEQ) for forcing them into a ground water district, were vindicated when the Groundwater district voted 5-0 to allow the landowners to live freely outside their groundwater district.
The landowners alleged in their law suit that they purchased land because it was not in a groundwater district and that private property rights should prevail. Lubbock Online
This Panhandle scenario should sound awfully familiar to Lege watchers. Rep. Isaac is fighting a similar fight in Central Texas and has filed 4 groundwater bills that would cease the use of eminent domain for unregulated groundwater lands. Texas Tribune
Refreshing our recollection from Energy & Water Subscribers:
On February 27, 2015, 20 Texans, owning 406 square miles of the Panhandle, sued the state for trying to force them to join a water conservation district. What are the landowner’s arguments:
- The property interests the landowners purchased were unmanaged water rights
- The state’s actions are “socialism” at its finest
How did we get to the point of suing the state?
- ” In January 2013, the Texas Commission on Environmental Quality (TCEQ) mailed notices to government bodies and public water districts that it would recommend putting the 406 square miles at issue into the High Plains Underground Water Conservation District No. 1.”
- “TCEQ acknowledged and made a judicial admission at the preliminary hearing that it had no jurisdiction over private groundwater rights of the Aligned Parties.”
- SOAH assumed jurisdiction and recommended that the land be incorporated into High Plains Underground Water Conservation District No. 1.
- TCEQ adopted SOAH Decision 12/12/14.
- 2/5/15 Rehearing Denied.
- 2/27/15 Landowners file suit in Travis County.