The state courts have used two different theories regarding the rule of capture
, explain Goldstein and Thompson (2006, p.
Groundwater is still subject to the 'rule of capture
' where a person owns whatever he extracts from the aquifer.
An ensuing court battle reaffirmed the landmark 1904 decision upholding the "rule of capture
" -- giving landowners broad control over the water under their property -- and Comanche Springs never recovered.
Time is running out for Beirut to protect its long-term interests with a similar agreement that would, inter alia, insulate it against any kind of "rule of capture
" claim if and when Cyprus starts recovering oil and gas from areas adjacent to Lebanon's EEZ.
The lawsuit and subsequent state legislation ended the historic management of the Aquifer--known as the 'Rule of Capture
'--where landowners were free to capture as much water as they wanted, so long as it was beneficially used.
rule of capture
, the courts reasoned that ownership of oil and
Without unitization, the "rule of capture
" usually prevails; oil and gas that has migrated from underneath adjacent borders can be readily appropriated without compensation to others by producing entities.
The rule of capture
would likely be irrelevant since the plaintiffs would not need to rely on drainage damages to support their claim.
We often discuss the rule of capture
as a first possession doctrine
in the United States, the rule of capture
has been unanimously
It makes no difference to the rule of capture
in general because the litigants and the court in Pierson agreed to consider foxes ferae naturae for the purposes of this case, and the majority's reasoning applies to all animals.
Why the Rule of Capture
Failed to Secure Rangelands