The Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel

We decide in this case whether land ownership includes an interest in groundwater in place that cannot be taken for public use without adequate compensation guaranteed by article I, section 17(a) of the Texas Constitution. 1 We hold that it does. We affirm the judgment of the court of appeals 2 and remand the ease to the district court for further proceedings.

I

In 1994, R. Burrell Day and Joel McDaniel (collectively, “Day”) bought 381.40 acres on which to grow oats and peanuts and graze cattle. The land overlies the Edwards Aquifer, “an underground layer of porous, water-bearing rock, 300-700…