drillingAs discussed in our client alert, the Supreme Court of Texas issued an opinion on May 27, 2016, extending the accommodation doctrine to groundwater owners. The City of Lubbock (the City) filed a Motion for Rehearing on August 2, 2016 requesting clarification of certain language in the opinion. Specifically, the City argues that as written, the opinion would allow the limitations of the accommodation doctrine to govern a groundwater lessee’s rights to the surface to extract groundwater, in spite of the express rights granted by the deed between the parties, on the grounds that:
Continue Reading Motion for Rehearing Filed in Accommodation Doctrine Case