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Real Estate Transactions › Water Rights

Brownstein Hyatt Farber Schreck

Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

Brownstein Hyatt Farber Schreck on

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week...more

Bracewell LLP

Texas Supreme Court Affirms Mineral Estate Ownership of Produced Water in Landmark Ruling

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In a significant decision for Texas property and energy law, the Texas Supreme Court has affirmed the Eighth Court of Appeals’ ruling in Cactus Water Services, LLC v. COG Operating, LLC, holding that produced water — a...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water/Aquifer: California Appellate Court Addresses Whether Captured Flood Waters Constitute Personal Property

Mitchell, Williams, Selig, Gates & Woodyard,... on

A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. See Sandton Agriculture Investments III, LLC, v. 4-S Ranch Partners, LLC, 2025...more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

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On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Gray Reed

Texas Supreme Court Will Review Produced Water Case

Gray Reed on

Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

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