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2013

Faculty Articles

Texas

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Full-Text Articles in Law

World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger Jan 2013

World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger

Faculty Articles

Texas has flourished in recent years, and its continued growth is predicated on access to groundwater resources. Texans have a long-standing dependence on groundwater, which accounts for 60% of all water withdrawn in the state. The State’s ability to provide sufficient groundwater resources depends on effective groundwater management.

Texas groundwater management has a long history of intertwined court decisions and legislation. The common law of groundwater was established by the Texas Supreme Court in accordance with the English common law right of capture. This rule was subsequently modified by the Legislature through the Conservation Amendment to the Texas Constitution, which …


Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger Jan 2013

Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger

Faculty Articles

Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle. Large quantities of water are required to generate energy, and energy is required at all stages of the water supply process. Population growth and corresponding demand create significant community consequences including energy blackouts and water shortages. In order to help avoid these unintended consequences, appropriate planning must be done on the local, state, and federal level.

A critical first step in achieving better sustainability is understanding the quantifying relationship between energy and water. This relationship needs to be recognized by both the power and …