Archive for posts tagged ‘water’

Should water be managed like oil and gas?

Groundwater law and oil and gas law share the same genesis—the ancient law of absolute ownership – the notion that a landowner owns everything above and beneath his land, “up to the sky and down to the depths.”[1] But after applying the rule of capture – a doctrine that does not impose liability against one… Full Story

An Unlikely Partnership: Bringing Together Agricultural Producers and Energy Developers to Solve the Nation’s Looming Water Crisis

El Niño conditions, caused by a band of warm water in the Pacific Ocean off South America, have brought much needed rainfall to many drought stricken parts of the country. According to the National Drought Mitigation Center, the rain has led to a significant reduction in the national drought footprint, from 35 percent in mid-October… Full Story

Better Safe Than Sorry: New York Bans Fracking Due to Potential Impacts on Water Resources

After a seven year environmental review, the New York State Department of Environmental Conservation (DEC) last week released its final decision banning high-volume hydraulic fracturing (fracking). The decision was foreshadowed back in December, when DEC Commissioner Joseph Martens announced plans to “issue a legally binding findings statement” prohibiting fracking across the state. The statement, released… Full Story

An Unaccommodating Decision for the Accommodation Doctrine: Texas Groundwater Law and Severed Estates

At the moment, the water issues the Texas legislature appears likeliest to take up in its 2015 session involve groundwater.  In exploring potential groundwater policies – whether aimed at brackish groundwater production, aquifer storage and recovery, or some other subject area – it will have to contend with an outdated governance regime that makes the… Full Story

Drought: Always a Disaster, Never a Presidentially Declared One

In May, the Senate passed the Emergency Drought Relief Act of 2014 (S. 2198), a bill directing various federal agencies to provide California with additional water supplies during its current drought. The version of the bill originally introduced included a title that would have amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act,… Full Story