Where Did All the Water Go: The Need for Cooperative Administrative Regulation to Effectively Conserve Texas’s Groundwater Resources
Author: Philip McLemore
Published: May, 2012
Groundwater not under the regulation of a Groundwater Conservation District (GCD) is subject to the long-standing common law rule of capture. The use of water for oil and gas exploration, production, and mining has become a source of contention with the increased development of hydraulic fracturing in the Barnett Shale. While many questions remain unanswered about the effect that hydraulic fracturing has on the quality of drinking water, this paper will instead explore the need for a cooperative administrative approach to regulation of groundwater resources and explain why a method of regulation similar to that of the Edwards Aquifer is necessary to prevent irreversible loss of water resources in Texas.