Featured Case

Property rights include a right to use water under the land

Bragg v. Edwards Aquifer Authority

Contact:      J. Dave Breemer

Status: PLF's amicus brief filed on November, 2008.  The Fifth Circuit Court of Appeals issued an adverse decision on August, 2009. Case closed on October 28, 2009.

Summary:
Plaintiffs Glenn and Jolynn Bragg own two pecan orchards in Medina County, Texas.  They purchased their property and drilled wells before the water district began to operate, but, under a new regulatory system established in 1993, they were required to seek new permits to continue withdrawing the same amount of water they had in the past.  The newly created aquifer authority denied all water for one orchard and significantly reduced water for the other.  The restrictions devastated their crops.

The Braggs filed suit against the EAA in state court, which was removed to federal District Court.  The District Court granted summary judgment to the aquifer authority, holding that its restrictions on the Braggs’ ability to withdraw water did not violate the Braggs’ substantive due process or equal protection rights.  The Braggs are appealing to the Fifth Circuit Court of Appeals.  PLF filed an amicus brief in support of the Braggs.  PLF will file an amicus brief in support of the Braggs.