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Title Common resources, private rights and liabilities: A case study on Texas groundwater law
Creator/Author Todd, D.
Publication Date1992 Dec 31
OSTI IdentifierOSTI ID: 39395
Other Number(s)Journal ID: NRJOAB; ISSN 0028-0739; TRN: TRN: 95:000991-0001
Resource TypeJournal Article
Resource RelationJournal Name: Natural Resources Journal; Journal Volume: 32; Journal Issue: 2; Other Information: PBD: Spr 1992
Subject29 ENERGY PLANNING AND POLICY; GROUND WATER; CONSERVATION LAWS; WATER RIGHTS
Description/AbstractIn light of recent efforts to provide market solutions to environmental problems, this paper offers Texas groundwater law, use, and environmental effects as an example of the difficulties in defining, contracting, and enforcing private rights in common-pool resources. The paper first discusses the link from various environmental impacts, including drawdown, mining, saltwater intrusion, baseflow reduction, and land surface subsidence, to excessive groundwater use. Excessive groundwater use is in turn attributed to the failure of private agreements to coordinate well sites and flow rates, to reduce groundwater demand, and to compensate any of those harmed by withdrawals. Sections 3-5 examine the private, judicial, and statutory factors that exhibit coordination or discourage agreements among private groundwater rights holders. Last, the paper suggests ways that Texas groundwater law can give lines of inquiry into other privately based forms of environmental regulation, such as that offered under the Clean Air Act. 5 figs., 1 tab.
Country of PublicationUnited States
LanguageEnglish
FormatMedium: X; Size: pp. 233-263
System Entry Date2009 Dec 16

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