Texas is running out of water and
what can we do about it? This has been a reoccurring theme for some
time now as cities in Texas have to ship water in because all of
their resources have dried up. Our lakes, creeks, streams, rivers,
and swamps are all owned and regulated by the state. But, what about
our groundwater? Just because you own the property above the water,
do you also own the water below? According to this Austin AmericanStatesman editorial the Texas Supreme Court has ruled in favor of
landowners, deciding that they do own it and can do whatever they
want with it.
The author, (who is unknown, or at least I can not find the name) speculates that this will only cause future
litigation on this matter because, as water regulations become
stricter, would those regulations be enforced on the property owner?
Would it give cause for said property owners to sue because they feel
that their property was stolen when a regulator issues a permit?
Would we, the users of the water, have to pay the landowner? These speculations and questions are indeed justified because we have not dealt with the matter yet and are just now asking who owns the water? The
Author concludes that this will make the job of the regulators harder
because the fear of being sued will keep them from trying to come up
with future regulations for groundwater. Millions of people rely on
groundwater, how will this affect them? This ruling by the supreme
court opens the door for many more questions. I am inclined to agree
with the author that groundwater should be regulated like all other
water, not owned like oil or gas. I believe that natural resources
should be part of the commons, we should all have a stake in them.
They are what give us life and without them we will die. No one
person should own all the water. This decision to give landowners
ownership of the water is making way for that. Could you imagine
having to pay five dollars every time you wanted a glass of water?
Now that technology has improved, as this editorial points out, we
know more about the 'magical' groundwater that gushes up in wells, at least for now until it is gone. It is time for the
Legislators to get off their butts and do what is right and start to
treat groundwater like other sources before it is gone. The author is trying to engage the reader in this matter pointing out how it will not only affect landowners, it will have a widespread effect on everyone who relies on groundwater.
