Law Commons^™

Oil, Gas, And Mineral Titles: Resolving Perennial Problems In The Shale Era, Laura H. Burney

Faculty Articles

Mineral deeds present a list of perennial interpretative problems, which create uncertainty about ownership rights in mineral estates and the proceeds from the sale of oil and gas production. Consequently, the following issues arise: (1) deeds with conflicting fractions; (2) the “mineral or royalty” question; (3) the application of the common law “rule against perpetuities” to non-participating royalties, a common interest in the oil patch; (4) the meaning of “minerals”—does it include oil and gas?; (5) the executive’s duty to lease; and (6) deed interpretation versus “reformation.”

States with long histories of production and case law have grappled with several …

The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen

St. Mary's Law Journal

Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …

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 …