Landowners have won some important legislative and court battles in the property rights arena of late. Third-generation rancher and attorney Joseph Fitzsimons, however, told those attending the recent Texas and Southwestern Cattle Raisers annual convention here that those who do not view property rights and ownership of natural resources in the same manner continue to work overtime on these issues.
In a perfect world, Fitzsimons said, the property owner would hold all the rights of the surface estate, all the water rights, and all the mineral rights with exclusive control over the development of that property, but that is the rare exception today in Texas.
“Just about everyone has some sort of severance, be it a mineral severance or maybe a groundwater severance or a groundwater conservation district that makes the landowner subject to state and federal regulation.”
Severability, Fitzsimons explained, creates separate ownership interest in the same parcel of land, and just about any real property right can be severed, be it timber, oil and gas, or groundwater. One notable exception to severability with respect to groundwater, he noted, lies with the Edwards Aquifer Authority. The EAA is governed by its own legislation and its own set of rules.
“To get them to play by the rules, however, you have to sue them,” opined Fitzsimons. “That’s just the way they operate. The good news is we usually win.”