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2007 Ground Water Summit |
Monday, April 30, 2007 : 10:30 a.m.
Can Ground Water Science Make Ground Water Law Less Mysterious and Occult?
Water rights in the United States are primarily under the jurisdiction of state governments. General doctrines of groundwater rights vary significantly across the nation, ranging from the English rule of capture to prior appropriation. In the past, the interpretation and application of these doctrines were based on the absence of a sound physical understanding of groundwater hydrology and resulted in illogical rules and laws, such as the strict separation of surface and ground water for management and regulatory purposes and the failure to consider geologic heterogeneity. Over time, court decisions and legislative actions contributed to both useful and questionable policies that often pay more attention to political expediency than to aquifer characteristics. In this presentation, the variations among the general groundwater doctrines in the United States are summarized. Existing groundwater management structures, ranging from state water engineers to groundwater management or conservation districts, are compared and contrasted. Applications of engineering and hydrogeologic principles are noted in current strategies, and areas of potential improvement are identified. Groundwater rights in Texas are used as an example of shifting management concerns that may lead to new regulatory strategies in a state known for its strong protection of property rights.
Gabriel Eckstein, Professor, Texas Tech University Gabriel Eckstein is the George W. McCleskey Professor of Water Law and Director of the Center for Water Law & Policy at Texas Tech University. He also directs the Internet-based International Water Law Project at www.InternationalWaterLaw.org. He holds a J.D. and LL.M. from American University, and a B.A. in Geology from Kent State University.