Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Capture Doctrine Revisited: In the Light of the Day Case, Texas

Author(s): Saad Nasser AlQahtani

The study examined the Capture doctrine and its impact on Texas groundwater laws in the Day case. It explains the development of Texas's groundwater law, which allows the State to regulate its groundwater resources. The Day case has changed the main groundwater rules of Texas and seems to overturn them. In Day case, the Supreme Court held that landowners and the State own groundwater could not prevent them from benefiting from their private property without proper compensation. This means that the decision goes against what is applied in case law and legislation in Texas. This paper provides a critical analysis of the Day case and explains the impact of the Supreme Court decision on groundwater laws in Texas

Get the App