Background
Rio Grande Electric Cooperative has served rural West Texas for generations. As a member-owned cooperative, our responsibility is to provide safe, reliable and affordable electric service across one of the largest and most remote service territories in Texas.
That means maintaining and upgrading an electric system that, in many places, has been in service for decades. As our region grows and technology changes, modernization is essential to reduce outages, improve reliability and ensure the system is ready to serve future generations.
Respecting private property rights and providing reliable electric service are both fundamental to Rio Grande's mission.
Court Affirms Rio Grande’s Legal Right to Continue Using Easements
The Texas Supreme Court recently issued its decision in Boerschig v. Rio Grande Electric Cooperative, Inc., a closely divided 4-4-1 ruling involving Rio Grande's easement rights across private property.
The Court affirmed an important principle: Rio Grande has a valid legal right to continue using the easement across the Boerschig property. The Court found that because Rio Grande built and maintained electric infrastructure with the landowners' knowledge and acceptance over many years, and relied on that understanding to serve its members, the landowners could not later deny those rights. In doing so, the Court recognized for the first time that this type of easement is valid for utilities under Texas law.
That conclusion was consistent with earlier decisions by a unanimous jury, two district judges and the San Antonio Court of Appeals.
However, the Court also concluded that a recent upgrade to the line exceeded the scope of that easement. Rio Grande respectfully disagrees with that portion of the decision and has asked the Court to reconsider it.
Four justices dissented, concluding the evidence supported the jury's finding that the upgrade was consistent with Rio Grande's longstanding use of the easement and reflected the practical realities of maintaining a modern electric system.
Why It Matters
This decision confirms Rio Grande's legal right to continue accessing and maintaining critical electric infrastructure that serves our members.
It also highlights a broader challenge facing electric cooperatives across Texas and the nation: how to responsibly modernize an aging electric grid while respecting the private property rights of the landowners they serve.
Modernization is not optional. Much of the nation's electric infrastructure was built decades ago and must be upgraded to improve reliability, strengthen resiliency and reduce outages before they occur. Our rural communities deserve the same safe, reliable electric service as any other part of the country.
For Rio Grande, these improvements are not about serving a single customer or expanding beyond longstanding operations. They are about fulfilling our obligation to provide electric service within our service territory while maintaining a modern, reliable electric system that serves all members and supports today’s needs and tomorrow’s demands.
The case also drew broad support from organizations and businesses across Texas underscoring the broader importance of providing legal certainty for the infrastructure that powers homes, farms, ranches, businesses and critical services throughout the state.
Looking Ahead
Rio Grande appreciates the Court's affirmation of its easement rights while acknowledging the limitations the majority placed on the scope of those rights. Working with stakeholders, the cooperative will continue advocating for the practical needs of rural electric service and for policies that recognize responsible modernization as essential to a safe, reliable electric system.
Our responsibility is simple: keep the lights on, keep the system safe and keep our communities connected.
We remain committed to working with landowners in a manner that respects private property rights while responsibly modernizing the infrastructure that serves us all. Reliable power is a shared interest, and we look forward to continuing that partnership for generations to come.