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- Title
COYOTE LAKE RANCH, LLC V. CITY OF LUBBOCK: THE ACCOMMODATION DOCTRINE EXPANDED.
- Authors
Gaddis, Ryan
- Abstract
Synopsis: In 1953, the City of Lubbock (The City) purchased the groundwater interests underlying Coyote Lake Ranch (The Ranch) to supply its residents. 1 After the City announced plans to further develop the groundwater underlying the Ranch in 2012, the Ranch protested and sought an injunction.2 The Ranch claimed the City owed the surface owner a duty to accommodate its existing use of the surface and could use only as much of the surface that was reasonably necessary.3 The City argued it was operating under its rights granted by the deed.4 The Bailey County District Court awarded the Ranch its injunction, and the parties soon found themselves before the Supreme Court of Texas.5 As a matter of first impression, the Supreme Court expanded the accommodation doctrine to interests in groundwater and awarded the groundwater estate "dominant" status over the surface.6 The Court also found the deed in question failed to resolve the dispute and remanded the dispute back to the trial court to be reviewed with the application of the accommodation doctrine.7 Now, parties should consider the manner in which operations are to be conducted when drafting instruments.8
- Subjects
GROUNDWATER; INJUNCTIONS; TEXAS. Supreme Court; MINERALS; WELLS
- Publication
Energy Law Journal, 2017, Vol 38, Issue 2, p455
- ISSN
0270-9163
- Publication type
Article