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- Title
THE HISTORY OF W.A. EAST V. HOUSTON AND TEXAS CENTRAL RAILWAY COMPANY, 1904: ESTABLISHMENT OF THE RULE OF CAPTURE IN TEXAS WATER LAW OR "HE WHO HAS THE BIGGEST PUMP GETS THE WATER".
- Authors
Porter, Jr., Charles R.
- Abstract
The article discusses the development of the rule of capture principle within Texas' water law, which deals with ownership of the state's underground water supply, through an examination of the 1904 legal dispute between landowner W. A. East and the Houston and Texas Central Railway (H & TC), who drilled a large well on East's property. The rule of capture gave essentially gave ownership rights to whoever was better able to pump underground water. The author goes on to explain the negative ecological effects of the principle, such as droughts and the drying of Texas' Comanche Springs. Water conservation efforts are also explained.
- Subjects
TEXAS; WATER laws; RULE of capture (Natural resources); WATER supply; GROUNDWATER laws; PROPERTY; HOUSTON &; Texas Central Railroad Co.; WATER pumps; DROUGHTS; WATER conservation
- Publication
East Texas Historical Journal, 2012, Vol 50, Issue 2, p107
- ISSN
0424-1444
- Publication type
Article