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Keywords

damagesnegligenceliabilityappealtrialsummary judgmentwillregulationpunitive damages
tortplaintiffliabilityappealtrialsummary judgment

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Sipriano v. Great Spring Waters of America, Inc., 1 S.W.3d 75, 42 Tex. Sup. Ct. J. 629

Facts

Henderson County landowners Bart Sipriano, Harold Fain, and Doris Fain (Sipriano) sued Great Spring Waters of America, Inc., a/k/a Ozarka Natural Spring Water Co., for negligently draining their water wells. According to Sipriano's allegations, which we take as true for summary judgment purposes, Ozarka, in 1996, began pumping about 90,000 gallons of groundwater per day, seven days a week, from land near Sipriano's. Soon after the pumping began, Sipriano's wells were severely depleted. Sipriano sought injunctive relief, as well as actual and punitive damages for Ozarka's alleged nuisance, negligence, gross negligence, and malice.

Henderson County landowners Bart Sipriano, Harold Fain, and Doris Fain (Sipriano) sued Great Spring Waters of America, Inc., a/k/a Ozarka Natural Spring Water Co., for negligently draining their water wells. According to Sipriano's allegations, which we take as true for summary judgment purposes, Ozarka, in 1996, began pumping about 90,000 gallons of groundwater per day, seven days a week, from land near Sipriano's. Soon after the pumping began, Sipriano's wells were severely depleted.

Issue

Whether Texas should abandon the common-law rule of capture for the rule of reasonable use, which would impose liability on landowners who unreasonably use groundwater to the detriment of their neighbors.

We are asked today whether Texas should abandon this rule for the rule of reasonable use, which would limit the common-law right of a surface owner to take water from a common reservoir by imposing liability on landowners who “unreasonably” use groundwater to their neighbors' detriment.

Rule

The common-law rule of capture allows landowners to pump as much groundwater as they choose without liability to neighbors, except in cases of malice or willful waste.

The rule of capture essentially allows, with some limited exceptions, a landowner to pump as much groundwater as the landowner chooses, without liability to neighbors who claim that the pumping has depleted their wells.

Analysis

The court applied the rule of capture to the facts of the case, determining that the trial court was correct in granting summary judgment for Ozarka. The court noted that the rule of capture has been the established law in Texas for over ninety years and that any change to this framework should come from the legislature rather than the courts. The court emphasized the need for legislative regulation of groundwater, as established by the 1917 constitutional amendment.

Relying on the settled rule of capture, the trial court granted summary judgment against landowners who sued a bottled-water company for negligently draining their water wells. The court of appeals affirmed. Because we conclude that the sweeping change to Texas's groundwater law Sipriano urges this Court to make is not appropriate at this time, we affirm the court of appeals' judgment.

Conclusion

The Texas Supreme Court affirmed the court of appeals' judgment, maintaining the rule of capture and declining to adopt the rule of reasonable use at this time.

Thus, we refused to recognize tort liability against a railroad company whose pumping of groundwater under its own property allegedly dried the neighboring plaintiff's well. Today, again, we reiterate that the people have constitutionally empowered the Legislature to act in the best interest of the State to preserve our natural resources, including water.

Who won?

Great Spring Waters of America, Inc. prevailed in the case because the court upheld the rule of capture, which allowed them to pump groundwater without liability to the neighboring landowners.

Ozarka moved for summary judgment, asserting that Texas does not recognize Sipriano's claims because Texas follows the rule of capture.

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