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Nontributary Groundwater Available to Landowners
Publication year - 1997
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1997.tb08220.x
Subject(s) - deed , appeal , decree , groundwater , business , easement , law , expropriation , environmental planning , water resource management , geography , political science , environmental science , engineering , geotechnical engineering
The Bayou Land Company held a deed of trust encumbering the land owned by some parties to this suit. Bayou foreclosed on the property and sought a determination of whether the nontributary groundwater under the land was included in the foreclosure. After trial, the court found that the nontributary groundwater rights were not encumbered by the deed of trust and thus were not subject to foreclosure. On appeal, the court said the right to nontributary groundwater by owners of the overlying land may be transferred or encumbered before a water decree is issued.