Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm is Needed for Water Utilized in Hydraulic Fracturing

28 Pages Posted: 5 Apr 2014 Last revised: 25 Mar 2015

See all articles by Victor Byers Flatt

Victor Byers Flatt

University of Houston Law Center; University of Houston Global Energy Management Institute

Heather Payne

Seton Hall University - School of Law

Date Written: January 10, 2014

Abstract

Water is a precious commodity that is becoming more scarce with increased usage and climate change. One of the most important new uses of water is for hydraulic fracturing, yet use of water for this is not regulated in times of shortage as is most other uses. We propose that in water shortage situations, that water for hydraulic fracturing should be curtailed first, primarily because it is a completely consumptive use.

Keywords: hydraulic fracturing, fracking, water use, water quantity, energy, natural gas, environment, natural resources

JEL Classification: I18, K23, K32, N5, Q25, Q28, Q30, Q32, Q38, Q40, Q48

Suggested Citation

Flatt, Victor Byers and Payne, Heather, Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm is Needed for Water Utilized in Hydraulic Fracturing (January 10, 2014). University of Richmond Law Review, Vol. 48, No. 3, 2014; UNC Legal Studies Research Paper No. 2420041. Available at SSRN: https://ssrn.com/abstract=2420041

Victor Byers Flatt (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States
713-922-0392 (Phone)

University of Houston Global Energy Management Institute ( email )

Houston, TX 77204-6021
United States

Heather Payne

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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