Water Law Commons^™

Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon

Michigan Journal of Environmental & Administrative Law

This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection …

Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Laura Belanger, P.E., Water Resources Engineer, Western Resource Advocates

14 slides

2014 Martz Summer Conference Poster Session, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

1 page.

This Conference is presented by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, in conjunction with the Air-Water-Gas Sustainability Research Network. Technological advances for extracting oil and gas from shale deposits have ushered in a new era of energy development in key resource-rich pockets throughout the US. In this event, we review the ongoing efforts of governments and industry to develop the regulatory and management practices necessary to protect water and air resources, drawing on the latest scientific research to tackle areas of uncertainty and to inform future action.

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

Hydraulic Fracturing And The Baseline Testing Of Groundwater, Keith B. Hall

University of Richmond Law Review

This article discusses some of the legal and practical issues relating to baseline testing of groundwater and the rules designed to encourage or require such testing. Part I of the article discusses basic background material why this issue is important, what fracturing is and why it is used, the basic types of fracturing, why it can be challenging to determine the cause of alleged contamination, and why baseline testing might help. Part II examines different approaches to increasing the use of baseline testing, including regulations that require such testing and legislation that creates presumptions that provide incentives to conduct such …

Scientific, Legal, And Ethical Foundations For Texas Water Law., Gabriel Eckstein, Amy Hardberger

Faculty Articles

Water law is the field of law concerned with the ownership, control, and use of water resources, both surface and subsurface. Although most closely related to property law, recent developments in other legal fields, especially in environmental law, have heavily influenced the interpretation, application, and development of water law. As a result, water law today encompasses a broad perspective and often takes into account individual and community rights, environmental issues, commerce and economics, and other societal and legal concerns. Significantly, modern water law is also an interdisciplinary practice. In light of the continuously expanding body of knowledge of the hydrologic …

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray

Law Faculty Scholarly Articles

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …