The following are summaries of selected civil opinions issued by the Fifth Circuit in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.
PROPERTY DAMAGE: Reasonable juror could conclude that impounded groundwater that escaped and flowed over river onto plaintiff’s property remained “surface water” under Texas statute, and that defendant’s negligence proximately caused that result.
Good River Farms, L.P. v. TXI Operations, L.P., 2024 WL 1793049 (5th Cir. April 25, 2024).
Section 11.086(a) of the Texas Water Code forbids “impound[ing] the natural flow of surface waters in this state, or permit[ing] a diversion or impounding … to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.” Any person damaged by a violation of § 11.086 may seek damages.