Kathleen Hartnett White: As Texas continues to endure widespread drought, a new man-made water shortage is percolating through the federal courts.
Water Rights in Texas
The Issue Texas has two distinct legal systems governing water: groundwater and surface water. Surface water is owned by the state, which grants water rights to use specific volumes of water for beneficial uses. The Texas Water Code recognizes surface water rights issued in perpetuity as private rights that can be bought and sold and...