Despite his energy investment funds losing $1 billion during this year’s market collapse and his personal loss of about $270 million1, famed oilman T. Boone Pickens still looks to turn his attention from “black gold” to “blue gold.” The billionaire tycoon recently supplemented his property holdings in Roberts County, Texas with 200,000 acres of land atop the Ogallala Aquifer. Under Texas law, this purchase entitles Mesa Water, Pickens’ new company, to take more than 320,000 acre-feet of water, equivalent to more than 104 million gallons, from the property. Pickens plans to pump the water from his land in the state’s north- eastern panhandle and pipe it to Lubbock, El Paso, San Antonio or the Dallas-Fort Worth area.
Despite his energy investment funds losing $1 billion during this year’s market collapse and his personal loss of about $270 million1, famed oilman T. Boone Pickens still looks to turn his attention from “black gold” to “blue gold.” The billionaire tycoon recently supplemented his property holdings in Roberts County, Texas with 200,000 acres of land atop the Ogallala Aquifer. Under Texas law, this purchase entitles Mesa Water, Pickens’ new company, to take more than 320,000 acre-feet of water, equivalent to more than 104 million gallons, from the property. Pickens plans to pump the water from his land in the state’s north- eastern panhandle and pipe it to Lubbock, El Paso, San Antonio or the Dallas-Fort Worth area.
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Despite his energy investment funds losing $1 billion during this year’s market collapse and his personal loss of about $270 million1, famed oilman T. Boone Pickens still looks to turn his attention from “black gold” to “blue gold.” The billionaire tycoon recently supplemented his property holdings in Roberts County, Texas with 200,000 acres of land atop the Ogallala Aquifer. Under Texas law, this purchase entitles Mesa Water, Pickens’ new company, to take more than 320,000 acre-feet of water, equivalent to more than 104 million gallons, from the property. Pickens plans to pump the water from his land in the state’s north- eastern panhandle and pipe it to Lubbock, El Paso, San Antonio or the Dallas-Fort Worth area.
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Drilling Water in Texas D espite his energy investment funds losing $1 billion during this year’s market collapse and his personal loss of about $270 million1, famed oilman T. Boone Pickens still looks to turn his attention from “black gold” to “blue gold.” The billion- aire tycoon recently supplemented his property holdings in Roberts County, Texas with 200,000 acres of land atop the Ogallala Aquifer. Under Texas law, this pur- chase entitles Mesa Water, Pickens’ new company, to take more than 320,000 acre- feet of water, equivalent to more than 104 million gallons, from the property. Pick- ens plans to pump the water from his land in the state’s north- eastern panhandle and pipe it to Lubbock, El Paso, San Antonio or the Dallas-Fort Worth area. If the venture succeeds, it will supply more than 1.5 million Texans with water from the aquifer.2 How- ever, the Ogallala is already severely depleted and could be losing as much as 65 billion gallons of water per year.3 The U.S. Geological Survey reported in 2007 that the Ogallala Aquifer has seen vast water-level changes due to an imbal- ance between discharge and recharge.4 This loss of water could be devastating to local agriculture and the environ- ment — affecting ground- water availability, surface- water flow and near-stream habitats. In spite of these Oil billionaire T. Boone Pickens testifies before the Senate Homeland Security and Governmental impending consequences, Affairs Committee in July 2008. Photo by UPI Photo/Patrick D. McDermott. Pickens hopes that his $75 million property investment without years of legal and material preparation by Pick- will turn into a profit of over $1 billion. 5 ens and his company. Pickens acquired the opportunity to erect this nine-foot diameter pipe through a succession Deals are in the works with J.P. Morgan to finance a of property investments, lobbying efforts and collabora- 328-mile pipeline project to supply the Dallas-Fort Worth tions with alternative energy supply efforts. 8
region with water.6 Other private companies have built
a combined total of 323 miles of water pipeline in Texas, Texas’ Rule of Capture doctrine played a key role in this making this the largest such project to date.7 The enor- business venture. The historical law on pumping ground- mous construction plan would not have been possible water states that groundwater belongs to the landowner. Pickens’ mass land investment therefore entitles him to pump water out of the Ogallala aquifer as long as the water exists on his property.
Pickens used the enormous wind farm erected on his
property as a means to lobby for the right to pipe the Ogallala water to a major metropolitan center. He suc- cessfully passed a bill through the Texas Legislature to al- low a water-supply district to transport alternative energy and water in a single corridor. Pickens also successfully loosened the legal definitions of a water district, allow- ing him to invoke the right of eminent domain so that he could build the pipeline through the property of several neighboring landowners.
Notices sent out to local residents from Mesa Power and
Roberts County Fresh Water Supply District invited land- owners to informational open houses on the plans for the pipeline. Jay Rosser, a representative from Mesa Power, reports that pipeline will not be entirely invasive: “In 95 percent of the cases, the property owner can continue use of the land” once the power and pipeline has been laid.9 Although this has caused an uproar among local residents, many citizens have found it difficult to fight Pickens’s corporate efforts. Any disputes on the matter must be taken to court against Mesa Water, which is far too costly and time-consuming for many residents.
Although the pipeline itself will cost between $1 billion