Bragg takings decision will stand. In May, the Texas Supreme Court declined to hear an appeal in Bragg v. Edwards Aquifer Authority, a groundbreaking groundwater law case in Texas. This means that the opinion of the San Antonio Court of Appeals remains in force. That opinion found that when the Edwards Aquifer Authority denied permits to a Medina County pecan farmer, a taking occurred, requiring just compensation be paid to the farmer. This case is the first in Texas to find a taking did indeed occurwhen a permit was denied and to award compensation. Currently, the case is on remand to the trial court to properly calculate just compensation based on the difference in the value of the property with and without the requested irrigation water.
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