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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

law of capture

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If You Own Land in the Lone Star State, You Also Own the Water Down Below, Texas Supreme Court Rules

By Barry Barnett on February 25, 2012

The rule of "capture" has meant for a long time in Texas that the oil and gas lying beneath your land belong to you. Now it also means you own the subterranean water. The Edwards Aquifer Authority v. Day, No. 08-0964 (Tex. Feb. 24, 2012).

The Court ruled, 9-0, that limiting landowners' right to…

Posted in Energy

Barry Barnett, Susman Godfrey L.L.P.

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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