The Metroplex is at the Water's Edge: Let the Wars Begin (2009 Update)
Exhibits (3.1 MB file)
by Mark McPherson

This is easily the most popular paper I've ever written, to date. It explains the water supply challenges for the Dallas/Fort Worth Metroplex over the next 50 years and explains why those challenges may come sooner than you expect. It has been presented to the Dallas Bar Association's Real Property Section, the Tarrant County Bar Association's Real Property Section, the Denton County Bar Association as well as its Real Property Section, various North Texas area civic groups and real estate professional associations, and at the 2008 Texas Water Law Institute (University of Texas CLE). If you want to schedule this presentation for your group, please contact my office.

Why is Texas so Hot for Oklahoma's Water? (April 2009)
Exhibits (3.1 MB file)
by Mark McPherson

The Oklahoma Water Environment Association invited me to speak at their 2009 Annual Convention, about this topic. As of April, 2009, at least two different lawsuits had been filed by Texas water suppliers against various officials and official agencies of the State of Oklahoma. This article does not address the merits of those lawsuits, but explains why those lawsuits were filed.

Don't Hand Me No Lines, and Keep Your GCD Hands to Yourself (April 2009)
by Mark McPherson

Groundwater conservation districts are special districts governed in part by Chapter 36 of the Texas Water Code. Section 36.117 of the Texas Water Code defines groundwater wells that are exempt from groundwater conservation district regulation. Unfortunately, this Water Code section is terribly drafted. It is vague, ambiguous, and internally inconsistent. This paper analyzes this section in an effort to determine exactly which wells are exempt from groundwater conservation district regulation. It was presented at the 2009 Changing Face of Water Rights in Texas Advanced CLE Course, and to the Texas Alliance of Groundwater Districts. This article is expected to be published on this site in August, 2009. For an advance copy, contact my office.

Water Law in the 80th Legislature and Looking Forward to the 81st (2008)
by Mark McPherson

This paper was presented at the 2008 CLE program The Changing Face of Water Rights in Texas. It includes a summary of the bills passed in the 80th Legislature's regular session (2007) which affected the Texas Water Code (and some that affected the Texas Health & Safety Code). It also includes predictions for what to expect in Water Code changes from the 81st Legislature in 2009.

What Every Texas Lawyer Should Know About Texas Water Law as of 1-1-06 (2006)
by Mark McPherson

In Texas, water planning controls water use. This paper, which was presented at various CLE programs in 2006, including the State Bar of Texas' Advanced Real Estate Law Course, explains the water planning process and the changes to that process which will be phased in through 2010. It also explains how water planning controls water use.

The 79th Legislature’s Water Law Legacy [with selected forms] (2006)
by Mark McPherson

This paper summarizes bills passed in the 79th Legislature's regular session (2005) which affect the Texas Water Code. The forms address Certificates of Convenience and Necessity (objection to inclusion of land in a CCN area, various forms for expedited releases of land from a CCN area, and governing documents for water supply corporations as Texas transitions from our "old" entity codes to the new Texas Business Organizations Code).