City of Corpus Christi v. City of Pleasanton

The majority opinion determines the question of whether or not “waste” is present in this case by considering only the amount of water that reaches its destination, rather than by considering the total amount of water produced at the mouth of the well. This is clearly error, and to so consider the question of waste, is to wholly ignore the expressed purpose of the conservation amendment. If no consideration is to be given the amount of water that is dissipated between the time of its production and time of use, then we can never have waste.

The fallacy of the majority opinion is easily…