SIPRIANO v. GREAT SPRING WATERS OF AMERICA

No. 98-0247.

1 S.W.3d 75 (1999)

Bart SIPRIANO, Harold Fain, and Doris Fain, Petitioners, v. GREAT SPRING WATERS OF AMERICA, INC. a/k/a Ozarka Natural Spring Water Co. a/k/a Ozarka Spring Water Co. a/k/a Ozarka, Respondents.

Supreme Court of Texas.

Decided May 6, 1999.


Attorney(s) appearing for the Case

Richard E. Swift, Jr., Pamela Rea, Palestine, for Petitioners.

Boris A. Hidalgo, Christopher Paul Hanslik, Houston, for Respondents.


Justice ENOCH delivered the opinion for a unanimous Court.

For over ninety years, this Court has adhered to the common-law rule of capture in allocating the respective rights and liabilities of neighboring landowners for use of groundwater flowing beneath their property. 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...

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