Water Law Commons^™

New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson

Faculty Scholarship

Congress established the reclamation program in 1902, and the hundreds of federal water projects built in the 20th century helped shape the West. Today, the Bureau of Reclamation plays an enormously important role in managing these projects. But with no big new dams to build, the Bureau has been forced to revise its mission to address todays water management challenges, such as stretching finite water supplies and restoring aquatic ecosystems. Through both site-specific enactments and programmatic statutes, Congress in recent years has given the Bureau new authority and direction to address these modern challenges. But Congress has left a significant …

Too Hot To Handle: Climate Change And Agricultural Water Use, Denise D. Fort

Faculty Scholarship

The world faces enormous challenges in responding to looming crises in food and water. Responding to this challenge will require flexibility; such flexibility may be impeded by legal institutions. This paper looks at the western United States and discusses the role of irrigated agriculture in that region. Because of climate change, a growing population, declining groundwater, the need to protect ecosystems and other conflicts, the author suggests that all water uses, including long-standing agricultural water rights, need to be examined in light of these changes. Legal systems have tended to serve the status quo, but perhaps the law can help …

Public On Paper: The Failure Of Law To Protect Public Water Uses In The Western United States, Reed D. Benson

Faculty Scholarship

Water conflicts in the western United States increasingly arise from competition between traditional economic uses (especially irrigation, municipal supply and hydropower) and public uses (especially environmental protection and water-based recreation). Western United States water law, based on the prior appropriation doctrine, has always promoted maximizing ‘beneficial use’ of the resource and has effectively protected water allocations for traditional purposes. Public water uses also enjoy some legal protection, but it exists mostly on paper; in practice, neither statutory public interest provisions nor the non-statutory public trust doctrine has been widely effective. This paper identifies the relevant legal principles and briefly explains …

The Energy-Water Nexus In Texas, Amy Hardberger, Ashlynn Stillwell, Carey King, Michael Webber, Ian Duncan

Faculty Articles

As we confront the challenges posed by climate change, decisions on supplying energy and water to the world’s growing population should no longer be made in isolation. The challenges facing Texas and the rest of the globe require that we recognize the deep inter‐connections and trade‐offs involved in deciding how to meet power and water needs in an increasingly resource‐constrained world.

This report is the first in a series designed to explore aspects of the energy‐water nexus in Texas. It examines the water requirements for various types of electricity generating facilities, both for typical systems nationwide and here in Texas. …

Urbanization, Water Quality, And The Regulated Landscape, Dave Owen

University of Colorado Law Review

Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This Article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States. These innovations are potentially applicable across the nation. Specifically, the innovations involve using impervious cover total maximum daily loads, residual designation authority, and collective permitting to expand, intensify, and modify regulatory control of urban stormwater. More generally, the innovations involve …

Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann

University of Colorado Law Review

Water is essential for life. Inadequate potable water supplies lead to poverty, disease, starvation, and civil strife. Climate change is likely to put more pressure on the world's supply of fresh water. Rising sea levels will introduce salt into some fresh water systems. As high mountain snow cover and glaciers decline, they will store less fresh water. As regions heat up, droughts will become more persistent. Producing energy uses water. How much water is used depends on the source of the energy. Yet in the rush to transition to a renewable energy economy, policy makers have paid little heed to …

The Water Transfers Rule: How An Epa Rule Threatens To Undermine The Clean Water Act, Chris Reagen

University of Colorado Law Review

Water transfer is a term that describes the movement of water from an area where water is available to another area where water is scarce. This process has enabled otherwise uninhabitable lands in the western United States to support large cities and agricultural districts. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit upheld a rule that removed federal water quality restrictions on water transfers. This rule codified the Environmental Protection Agency (EPA) position that the National Pollution Discharge Elimination System (NPDES) requirement of the Clean Water Act (CWA) does not apply to water transfers …

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock

Chicago-Kent Law Review

Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).

Slides: Shale Drilling And Completions, William Fleckenstein

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates

20 slides

Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Richard Nehring, Nehring Associates, Colorado Springs, CO

15 slides

Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

This one-day symposium to be held at the Grand Hyatt hotel in Denver will address the technology, economics, environmental impacts, and regulatory issues associated with shale gas development in the Rocky Mountain region. The purpose of this event is to facilitate productive dialogue among a wide range of stakeholders and interested parties to guide policy decisions.

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides

Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Michelle Michot Foss, Chief Energy Economist, Center for Energy Economics, Bureau of Economic Geology, University of Texas, Austin, TX

12 slides

Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO

21 slides

Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO

18 slides

Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John B. Curtis, Professor of Geology and Geological Engineering and Director of the Potential Gas Agency, Colorado School of Mines, Golden, CO

17 slides

Slides: Evolving Policy On Shale Plays, John Martin

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides

Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

A public workshop to discuss “Opportunities and Constraints to Reducing the Environmental Footprint of Natural Gas Development” was held in Vernal, Utah on October 14, 2010 at the Vernal campus of Utah State University. The workshop was sponsored by Utah State University, The Bingham Energy Research Center; The University of Colorado Natural Resources Law Center; and the Houston Advanced Research Center, Environmentally Friendly Drilling Program.

The meeting included presentations and panel discussions on:

• Trends and environmental issues related to natural gas development
• Examples of environmental innovations being used in the Uintah Basin
• Examples of innovation & tools from outside the …

Slides: A Working Model For Oil And Gas Produced Water Treatment, Lee Schafer

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Lee Schafer, Integrity Production Services, Inc., for Anticline Disposal LLC

11 slides