The Texas Supreme Court (“TXSC”) recently confirmed what many already know: the Texas Commission on Environmental Quality (“TCEQ”) has only administrative authority related to water rights in Texas. This means that water rights ownership disputes must utilize Texas courts to adjudicate water rights ownership.
Continue Reading Texas Supreme Court Water Law Verdict Highlights Lack of TCEQ Authority Over Water Rights

In case you missed it while preparing for your turkey dinner, on November 22, 2021, the United States Supreme Court issued a significant decision bearing on states’ rights to water in Mississippi v. Tennessee, et al.[1]  In that decision, the Court decided 9-0 that the Equitable Apportionment Doctrine, which had prior to this decision been held to apply only to surface waters, now also applies to interstate aquifers i.e., underground waters.
Continue Reading Water Law Update: The Equitable Apportionment Doctrine Is Not Just for Rivers and Streams Any More