Why Texas Will Never Recognize Underground Water Migration as Trespassing
To the disappointment of many landowners, the Texas Supreme Court avoided controversy by instead focusing on the issue of which party bears the burden to prove consent as it relates to the claim of trespass. Although there will be future cases that try to bring the issue back to life, it will continue to be a difficult road for plaintiffs to establish a claim for trespass for deep subsurface wastewater migration. If one day they do prevail, the stakes will be high.







