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Editor's Letter - October 2010

Ellen H. Brisendine

Advocating Cooperation
in Groundwater Management

"Management and regulation of groundwater in Texas are not bad things.

"Management and regulation of groundwater without recognizing groundwater is the vested real property of private landowners is a bad thing."

Those comments came from the first Joint Issues Forum: Groundwater Ownership series, hosted in part by Texas and Southwestern Cattle Raisers Association (TSCRA), Aug. 31, San Angelo.

This series of forums on groundwater ownership and regulation are essentially landowner education events about the political strategies being developed for the battle in the next legislative session — and possibly beyond — over who owns and will manage Texas' groundwater.

This issue is of such grave importance to the landowners of Texas that TSCRA, Texas Wildlife Association (TWA) and Texas Farm Bureau (TFB) have combined efforts to host these learning events and have developed a joint position statement on groundwater ownership.

"Groundwater is an integral part of the land and is owned by private landowners. The Texas Constitution and more than 100 years of case law support this position. Secure, protectable property rights best assure conservation and stewardship of all resources, including groundwater.

"Like other private property in Texas, groundwater is subject to reasonable regulation. This ensures that private landowners are treated fairly (afforded due process), property rights are respected, and that all private landowners maintain the ability to use groundwater for any beneficial use."

More than 100 people filled the auditorium at the end of August. Another crowd assembled in Bryan for the September forum. They listened intently to the history of the groundwater debate and heard it very clearly stated by TSCRA, TWA and TFB that these Joint Issues Forums are not an attack on the 98 groundwater conservation districts in the state, but are an affirmation that local management of local resources, with respect for private property, is the preferred method for groundwater management.

The three organizations, with Texas Sheep and Goat Raisers Association, Texas Poultry Federation, Texas Cattle Feeders Association, Texas Land and Mineral Owners Association, Texas Association of Dairymen, Exotic Wildlife Association and the Riverside and Landowners Protection Coalition, and more since this was written, have developed materials with which landowners can educate themselves on the facts and history of groundwater ownership. They have posted a website, groundwaterownership.com, for your use.

Four forums are scheduled this month — Oct. 14 in Cleburne; Oct. 19, Victoria; Oct. 20, Kingsville; and Oct. 28, Lubbock. The final forum on groundwater ownership will be Nov. 9 in Austin.

Take advantage of these free issues forums to become informed and prepared to intelligently defend your private property rights.