The Yale Law Journal Online: Liquid Assets: Groundwater in Texas

122 YALE Law Journal ONLINE 143 (2012)

Energy Center Research Paper No. 2013-01

Posted: 12 Dec 2012  

Gerald Torres

University of Texas at Austin - School of Law

Date Written: December 12, 2012

Abstract

The Yale Law Journal Online has just published Liquid Assets: Groundwater in Texas, an essay by Gerald Torres that addresses the piecemeal management of groundwater resources in the American West. A recent Texas Supreme Court case, Edwards Aquifer Authority v. Day, 369 S.W.3d 814 (Tex. 2012), has significantly transformed the groundwater regime in Texas, and its changes are expected to inform discussion throughout the region, where water is scarce and valuable. Torres argues that Day has “sown confusion about the capacity of the state to regulate natural resources, while ignoring the science that ought to drive policy decisions.” He begins his critique with an analysis of the Texas groundwater-management regulatory system that existed prior to Day. He then examines the concept of ownership rights for groundwater in place. Finally, in light of Day, he considers alternative approaches to allocating the value and utility of groundwater.

Suggested Citation

Torres, Gerald, The Yale Law Journal Online: Liquid Assets: Groundwater in Texas (December 12, 2012). 122 YALE Law Journal ONLINE 143 (2012); Energy Center Research Paper No. 2013-01. Available at SSRN: https://ssrn.com/abstract=2188690

Gerald Torres (Contact Author)

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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