08-0964 Edwards Aquifer Authority and State of Texas v. Burrell Day and Joel McDaniel from Atascosa County and the Fourth District Court of Appeals, San Antonio For petitioner Edwards Aquifer Authority: Pamela Stanton Baron, Austin For petitioner State of Texas: Kristofer S. Monson, Austin For cross-petitioners/respondents: Tom Joseph, San Antonio Principal issue are (1) whether landowners within the Edwards Aquifer boundaries own the groundwater under their property and (2) whether water from an artesian well that flowed into a reservoir constituted water controlled by state regulations or by the Edwards Aquifer Authority. This appeal arises from Day and McDaniel's challenge to the aquifer authority's limited irrigation permit to pump water from a reservoir on their property. In an appeal from the aquifer authority's permit ruling, the trial court sided with Day and McDaniel, deciding that the reservoir water was aquifer water subject to the authority's control. The court of appeals reversed, holding in part that the landowners had a vested right to aquifer water beneath their land but that groundwater flowing into the reservoir was "state water" subject to state regulation. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us
