Friday, August 28, 2015
1012 C Street  •  Floresville, TX 78114  •  Phone: 830-216-4519  •  Fax: 830-393-3219  • 

WCN Site Search


Lost & Found


Videofound in eagle creek with a collar no tags. very friendly non aggressive. call if he is yours 210-844-1951. clean and healthy
Found: Smartphone, morning of Wed., Aug. 12  on Chihuahua Street, La Vernia.  Call 830-779-5300 and describe.

VideoLost Shih Tzu male-Golden Brown from CR 320 in Floresville If you have any information please call 210-452-1829 or 832-292-3305
More Lost & Found ads ›

Help Wanted

Warning: While most advertisers are reputable, some are not. Unfortunately the Wilson County News cannot guarantee the products or services of those who buy advertising space in our pages. We urge our readers to use great care, and when in doubt, contact the San Antonio Better Business Bureau, 210-828-9441, BEFORE spending money. If you feel you have been the victim of fraud, contact the Consumer Protection Office of the Attorney General in Austin, 512-463-2070.
Experienced hot oil operator needed, Kenedy and Pearsall, Texas, pay is $25-$27 per hour. Call 830-400-2249.
More Help Wanted ads ›

Featured Videos





Video Vault ›
You’ve been granted free access to this subscribers only article.

Agriculture Today


Cattle raisers support protecting groundwater




E-Mail this Story to a Friend
Print this Story
March 15, 2011 | 3,603 views | Post a comment

AUSTIN -- Members of the Texas and Southwestern Cattle Raisers Association gathered at the state capitol March 1 to show their support for Senate Bill (SB) 332.

SB 332, introduced by Sen. Troy Fraser, amends the Texas Water Code by clarifying that landowners own the groundwater beneath their land, and that they have a right to capture it. SB 332 in no way takes away authority from groundwater conservation districts to protect aquifers. SB 332 would, however, require groundwater conservation districts to justify their actions when regulating the right to capture water.

Texas and Southwestern Cattle Raisers Association Legislative and Tax Committee Chairman Arthur Uhl, a rancher and attorney from San Antonio, testified before the Senate Natural Resources Committee on behalf of the bill.

“SB 332 has become necessary to legislatively reaffirm well settled Texas law that the landowner owns the groundwater under their land,” Uhl said.

“Unfortunately, a few groundwater conservation districts have taken the legal position that the landowner has no interest in groundwater -- that groundwater is somehow not owned by anyone, or is owned by the state. This is a misguided attempt on the part of a few districts to enhance their ability to regulate. The problem is that this position is legally incorrect, unconstitutional, and unnecessary.”

The cattle raisers association “supports reasonable regulation through local groundwater conservation districts,” Uhl said. “We believe groundwater is most fairly and efficiently managed by local groundwater districts. While SB 332 clarifies that landowners have an ownership interest in groundwater below the land and that they have a right to produce it, it does not take authority away from groundwater districts.”

Groundwater conservation districts are concerned that SB 332 would lead to more lawsuits, or takings claims, from landowners and bankrupt groundwater conservation districts.

According to Uhl and the cattle raisers association, this is false for two reasons. Uhl said that state agencies and local governments deal with and regulate private property every day and do not face countless lawsuits. “For example, the same way a person can own a car and the state can effectively regulate the use of that car, a landowner can own groundwater and the district can effectively regulate the use of that groundwater. Likewise, our cities and counties can tell us what we can and can’t do with and on our property, groundwater districts can tell us if we can drill a well, where we can drill a well, and how much groundwater we can pump,” Uhl said.

Second, Uhl said there are significant legal obstacles and financial disincentives facing a landowner wanting to bring a takings claim. There are substantial and well-settled legal standards that landowners must meet. What’s more, if the landowner loses, under Chapter 36 of the Water Code, the landowner can be required to pay the legal fees of the district. This is not required of the groundwater conservation district if the landowner wins. All of these factors serve as deterrents to landowners to sue a groundwater conservation district. SB 332 does not change that. “Landowners believe that the state can have effective groundwater regulation and management while still respecting landowners’ ownership interest in groundwater below the surface. The fact that groundwater regulation and management may require more justification and may cost more does not justify taking landowners’ private property,” Uhl concluded.

For more details regarding groundwater ownership and SB 332, visit www.groundwaterownership.com.
 

Your Opinions and Comments


Be the first to comment on this story!


You must be logged in to post a comment.




Not a subscriber?
Subscriber, but no password?
Forgot password?

Agriculture Today Archives


Full article available to Wilson County News subscribers only. Click here to subscribe. Beef Cattle Management seminar (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Cotton root rot and its symptoms (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Feral hogs, water workshop (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Get acquainted with 4-H event (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Harvey places in top 20 (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Hay & Forage Report (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Livestock Market Reports (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Mobile app for hunting regs (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Registration for cattle conference (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Survey deadline (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Turkey fed to improve Texas grasslands (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Wilson County 4-H Council, Booster meetings, Sept. 2 (August 26, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Anthrax confirmed in equine in Uvalde County (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Deer association: Environmental group deceives deer industry, wildlife community (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Don’t miss your shot! Apply for drawn hunts (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Feral hog management workshop is Sept. 4 (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Hay & Forage Report (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Livestock Market Reports (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Prospects bright for dove season (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Saving tomatoes from the Texas heat (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Siblings make rodeo memories (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. TDA Market Report (August 19, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Chagas disease in South Central Texas (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Eastern equine encephalitis cases reported in Texas (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Hay & Forage Report (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Leaf-dropping is common (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Livestock Market Reports (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. New, stronger El Niño may bring another wet winter (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Pieniazek elected president of ag education leadership (August 12, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. EPA ‘muddies’ Clean Water Act (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Hay & Forage Report (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. It’s a ‘banner’ summer for Payton! (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Lantanas losing luster; mosquitoes a bother (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Livestock Market Reports (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Meuths receive Bronze Merit Award (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. Shoot to benefit Don Newbury (August 5, 2015)
Full article available to Wilson County News subscribers only. Click here to subscribe. TDA Market Report (August 5, 2015)
August 2015 Gardening Calendar (August 1, 2015)
Coupons ag-right
Triple R DC ExpertsDrama KidsAllstate & McBride RealtyHeavenly Touch homeauto chooserVoncille Bielefeld home

  Copyright © 2007-2015 Wilson County News. All rights reserved. Web development by Drewa Designs.