Groundwater Rights Under Attack
A recent ruling by the Texas Supreme Court has, once again, stripped away private property rights in favor of large oil and gas companies. The decision in Cactus Water Services, LLC v. COG Operating, LLC held that groundwater brought up to the surface in connection with oil and gas drilling is considered waste and belongs to the oil and gas operator, not the surface owner. While oil and gas has a long history in Texas, we believe that it should take a back seat to the more sacred tradition of private property rights, and the rights of farmers and ranchers who depend on groundwater to grow our food.
When groundwater comes up to the surface through oil and gas drilling operations, we do not believe it is “waste”. The water still holds tremendous value, and the surface owner should be compensated for it. Even oil and gas operators recognize the value in the produced water, as it is often moved and used in new drilling sites or treated and resold.
Groundwater is a critical resource in Texas, and will only become more critical in coming years. The Texas agriculture industry is already reeling, and rulings like this just make life that much more difficult, especially for small farmers and ranchers. This matters to all of us. In the Permian Basin region of Texas, there are large cattle ranches that raise the meat many of us eat. There are many, many fields of cotton that grow the fabric that we wear. By stealing the water out from under these producers, we all suffer through scarcity and higher prices.
What can you do? Stay vigilant. If you are a surface owner that also owns mineral rights, take extra caution in negotiating your next lease. If you are a concerned citizen, reach out to your legislators to let them know how you feel. If you believe in the principles of private property rights, be on your guard. Today, it is the groundwater in Texas. What is next?
