Conservation News

Supreme Court Special Master Recommends Denial Of Florida Water Rights Complaint Against Georgia – Energy and Natural Resources – United States

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta… United States Energy and Natural Resources Holland & Knight 7 Mar 2017

Source: Supreme Court Special Master Recommends Denial Of Florida Water Rights Complaint Against Georgia – Energy and Natural Resources – United States

Conroe loses rehearing motion on water lawsuit, could appeal to Texas Supreme Court – San Antonio Express-News

The 9th Court of Appeals denied Conroe’s motion for a rehearing that stemmed from a Feb. 2 opinion that said Conroe was not automatically entitled to recuperate its attorneys’ fees from the district, though that ruling did allow the lawsuit to otherwise move forward to trial. Any motion regarding the directors’ attorney fees must be filed with the 284th state District Court, which has been frozen as the two entities took the battle into the appellate courts in June 2016. Under the Texas Water Code, Conroe would be liable for hundreds of thousands of dollars in legal fees incurred by the LSGCD, if the city loses the suit. […] the Beaumont court originally ruled the district should not be liable for Conroe’s attorney fees if the city were to win the suit, citing a lack of explicit authorization under the Texas Water Code. In spite of the court’s ruling, Conroe still could ask a judge to order the district to pay the city’s legal fees if it wanted to, although Stilwell said that could be an uphill battle for Conroe in the court system.

Source: Conroe loses rehearing motion on water lawsuit, could appeal to Texas Supreme Court – San Antonio Express-News

Water wars — the next generation – San Antonio Express-News

The water that is in our lakes and streams, “surface water,” is owned by the state, but groundwater is owned by the landowner as private property with all the constitutional protection that comes with any private property rights. […] recently, many state agencies didn’t believe that to be true — groundwater was being regulated as if it were owned by the government. Soon after, there was an explosion of districts established in counties across the state, creating a cottage industry of lawyers, consultants and bureaucrats excited about a new playground to grow bureaucracies and tax constituencies. Never mind that humans have been putting water in pipes and pumping it long distances since the Bronze Age; forget the fugacious nature of groundwater that allows water to move from place to place, creating a classic “taking” of private property claims. The State Water Plan is failing the very people it was designed to protect, not because of evil but because convenient capitalists and their close cousin — crony capitalism — formulated a plan that gave preferential treatment to the government over the free market economy. The debt for most of the water providers across Texas continues to increase, but the government skims a fee, leaving a smaller piece of the pie to pay for much-needed repairs and maintenance. The much-needed capital that is being siphoned away from water infrastructure investment by the government will have a devastating effect on our future water supplies. Shrink the size of government, eliminate these 100 new agencies, and replace them with water management that is coterminous with aquifer boundaries and not political subdivisions.

Source: Water wars — the next generation – San Antonio Express-News