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Railroads, Water Rights and the Long Reach of Houston and Texas Central Railroad Company v. W. A. East (1904)

Railroads, Water Rights and the Long Reach of Houston and Texas Central Railroad Company v. W. A.... Revised map of the State of Texas, Houston & Texas Central Railway Co., c. 1876­ 1883. Courtesy Special Collections, The University of Texas at Arlington Library, Arlington, Texas. Detail shows the Houston and Texas Central (the north-south line at center) reaching Denison, where the railroad company would come into conflict with landowner W. A. East. By Megan Benson* n June 2011, the Texas State Legislature passed and Governor Rick Perry signed the historic Senate Bill (S.B.) 332, an act recognizing "that the landowner owns the groundwater below the surface of the landowner's land as real property." Eight months later, in early 2012, in the long awaited decision in Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel, the Texas Supreme Court confirmed the same groundwater right, called the law or rule of capture, for Texas groundwater. In much of the discussion surrounding the legislative journey of S.B. 332 and the two-year deliberation in Edwards, Texans learned a great deal about the nature of groundwater law in their state. Conversations often alluded to the 1904 Texas Supreme Court case Houston and Texas Central Railroad v. W. A. East.1 This landmark ruling set the parameters http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Southwestern Historical Quarterly Texas State Historical Association

Railroads, Water Rights and the Long Reach of Houston and Texas Central Railroad Company v. W. A. East (1904)

Benson, Megan.
Southwestern Historical Quarterly , Volume 116 (3) – Dec 11, 2013
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Publisher
Texas State Historical Association
Copyright
Copyright © The Texas State Historical Association.
ISSN
1558-9560
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Abstract

Revised map of the State of Texas, Houston & Texas Central Railway Co., c. 1876­ 1883. Courtesy Special Collections, The University of Texas at Arlington Library, Arlington, Texas. Detail shows the Houston and Texas Central (the north-south line at center) reaching Denison, where the railroad company would come into conflict with landowner W. A. East. By Megan Benson* n June 2011, the Texas State Legislature passed and Governor Rick Perry signed the historic Senate Bill (S.B.) 332, an act recognizing "that the landowner owns the groundwater below the surface of the landowner's land as real property." Eight months later, in early 2012, in the long awaited decision in Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel, the Texas Supreme Court confirmed the same groundwater right, called the law or rule of capture, for Texas groundwater. In much of the discussion surrounding the legislative journey of S.B. 332 and the two-year deliberation in Edwards, Texans learned a great deal about the nature of groundwater law in their state. Conversations often alluded to the 1904 Texas Supreme Court case Houston and Texas Central Railroad v. W. A. East.1 This landmark ruling set the parameters

Journal

Southwestern Historical Quarterly – Texas State Historical Association

Published: Dec 11, 2013

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