3 votes

Playing by the rule -- The rule of capture

1 comment

  1. dredmorbius
    Link
    The bit of English common law flying in the face of science and geology, regulating natural resources:

    The bit of English common law flying in the face of science and geology, regulating natural resources:

    Much of this fussing and fighting comes courtesy of the Rule of Capture, an archaic piece of British common law carried to these shores. The Rule states that whoever owns a piece of property owns the water beneath it. The Texas precedent was set in 1843 in the case of Acton v. Blundell, when Texas was a republic and people were largely ignorant about the nature and movement of groundwater. The Rule of Capture was upheld in 1861, when Frazier v. Brown was decided, and again in 1904 when the Texas Supreme Court heard The Houston & Texas Central Railway Co. v. East case. The court upheld The Rule by reasoning water below the soil was too “mysterious, secret, and occult” to regulate.