In the case of Edwards Aquifer Authority v.Burrell Day and Joel McDaniel (2012),farmers argued that
A) the rights to the water in the aquifer were beyond the reach of the federal government because of a long-standing precedent dating back to Mexican common law.
B) they had the rights to the water based on their ownership of the land above it.
C) they had water rights because they had prior claim pursuant to Texas sovereignty under federalism.
D) they had water rights based on the eminent domain doctrine of the federal Constitution.

Question

Quizplus · Accepted Answer

In the Edwards Aquifer Authority v. Burrell Day and Joel McDaniel case, the farmers argued that they had the rights to the water based on their ownership of the land above it. This is called the "rule of capture," which allows landowners to pump as much water as they want from beneath their property without liability to others, regardless of the effects on neighboring wells. However, the court ruled that the Edwards Aquifer Authority had the authority to regulate the use of the groundwater to protect the aquifer and prevent overuse.

In the Case of Edwards Aquifer Authority V