Supreme Court of Texas Blog

No. 23-0676
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CACTUS WATER SERVICES, LLC v. COG OPERATING, LLC

Oral argument was held on March 18, 2025. The Court issued an opinion resolving the case on June 27, 2025. It then denied rehearing on September 5, 2025 File Closed

Opinions

June 27, 2025

Devine
Lehrmann
Boyd
Blacklock
Busby
Bland
Huddle
Sullivan

Justice Devine delivered the opinion of the Court. PDF

Busby
Lehrmann
Sullivan

Justice Busby filed a concurring opinion, in which Justice Lehrmann and Justice Sullivan joined. PDF

 

Court of Appeals

Appellate District:8th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:08-22-00037-CV
Opinion Author:Honorable Yvonne Rodriguez

Trial Court

Trial Court:143rd District Court
County:Reeves
Trial Judge:Honorable John (Mike) M. Swanson
Trial Docket:20-03-23456-CVR

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2025-09-05 Mandate issued  
2025-09-05 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2025-08-14 Case forwarded to Court
2025-08-13 Motion for Rehearing  
2025-07-03 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2025-07-03 Motion for Extension of Time to File Motion for Rehearing  
2025-06-30 Letter sent to parties from Supreme Court - See Remarks  
2025-06-27 Concurring Opinion issued.   Issued
2025-06-27 Court approved judgment sent to attorneys of record Issued
2025-06-27 Opinion issued   Court of appeals' judgment affirmed
  This case was awaiting the Court's decision after oral argument between April 21, 2025 and June 27, 2025.  
2025-04-21 Response to Amicus Curiae Brief filed (Respondent)  
2025-03-31 Amicus Curiae Brief received  
2025-03-27 Amicus Curiae Letter Received  
2025-03-18 Oral argument  
2025-03-17 Amicus Curiae Letter Received  
2025-03-17 Amicus Curiae Brief received  
2025-03-14 Amicus Curiae Brief received  
2025-03-12 Amicus Curiae Brief received  
2025-03-10 Amicus Curiae Brief received  
2025-03-05 Amicus Curiae Brief received  
2025-03-04 Call received  
2025-03-03 Oral Argument Submission Form from Attorney received  
2025-03-03 Amicus Curiae Brief received  
2025-02-28 Oral Argument Submission Form from Attorney received  
2025-01-31 Petition for Review granted
2025-01-31 Amicus Curiae Brief received  
2025-01-31 Case set for oral argument   Case set for oral argument
2025-01-31 Petition for Review disposed Filing granted
2025-01-09 Amicus Curiae Brief received  
2025-01-06 Reply Brief (Petitioner)  
2024-12-02 Motion for Extension of Time disposed.   Filing granted
2024-11-27 Motion for Extension of Time to File Brief filed  
2024-11-21 Fully hyperlinked brief filed (Respondent)  
2024-11-20 Brief on the Merits (Respondent)  
2024-10-07 Motion for Extension of Time to File Brief filed  
2024-10-07 Motion for Extension of Time disposed.   Filing granted
2024-09-10 Motion for Extension of Time to File Brief filed  
2024-09-10 Motion for Extension of Time disposed.   Filing granted
2024-08-30 Brief on the Merits (Petitioner)  
2024-07-26 Motion for Extension of Time to File Brief filed  
2024-07-26 Motion for Extension of Time disposed.   Filing granted
2024-06-24 Motion for Extension of Time disposed.   Filing granted
2024-06-21 Motion for Extension of Time to File Brief filed  
2024-05-31 Brief on the Merits Requested  
2024-05-16 Amicus Curiae Brief received  
  This case was waiting for a decision about briefing or a possible grant between March 25, 2024 and May 16, 2024.  
2024-03-25 Amicus Curiae Brief received  
2024-03-22 Reply to Response to Petition filed (Petitioner)  
2024-02-29 Motion to Extend Time to File Reply filed  
2024-02-29 MET to file reply disposed of   Filing granted
2024-02-21 Response to Petition (Respondent)  
2024-01-16 Motion for Extension of Time to File Response disposed   Filing granted
2024-01-16 Motion for Extension of Time to File Response  
2023-12-22 Supreme Court of Texas Requested Response  
2023-12-15 Amicus Curiae Brief received  
2023-11-28 Letter Filed  
2023-11-21 Case forwarded to Court
2023-11-15 Response Waiver filed  
2023-11-10 Petition for Review (Petitioner)  
2023-10-02 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-09-29 Second Motion for Extension of Time to File Petition for Review filed  
2023-08-23 Clerk's Record
2023-08-23 Supplement to Clerk's/Reporter's Record
2023-08-23 Court reporter/recorder's record
2023-08-23 Motion for Extension of Time to File Petition for Review filed  
2023-08-23 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
COG Operating, LLC
Mr. Travis Gray
Ms. Macey Reasoner Stokes
Mr. John A. "Jad" Davis Jr.
Mr. Benjamin E. Gonsoulin
Mr. Ryan Clinton
Ms. Katherine Petroski
Respondent
Cactus Water Services, LLC
Mr. C. Brantley Jones
Mr. Marvin W. Jones
Mr. Roger D. Townsend
Ms. Dana Livingston
Petitioner

Amici Curiae

Amicus Curiae Counsel
The South Texans' Property Rights Association
Mr. Lynn R. Sherman
Deep Blue Midland Basin LLC, NGL Energy Partners LP, Aris Water Solutions, Inc., and WaterBridge Operating LLC
Isaac Griesbaum
The Texas Landowners Council
 
Standard Lithium, Ltd.
Mr. John Henderson Bennett
Texas Independent Produced Water Association
Isaac Griesbaum
Permian Basin Petroleum Association
Mr. Joshua S. Smith
Mr. Benjamin W. Sebree
Texas Civil Justice League (TCJL)
Mr. George S. Christian
Texas Farm Bereau
Mr. Doug Caroom
Mr. Joshua Katz
Texas Land & Mineral Owners Association
Mr. Robert M. Park
Ms. Susana Canseco
The Texas and Southwestern Cattle Raisers Association
Ms. Courtney Cox Smith
Mr. James D. Bradbury
National Association of Royalty Owners-Texas, Inc.
Mr. Charles Hosey
Texas Oil & Gas Association
Mr. Christopher Hogan
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