Liquid Assets: Groundwater in Texas

This essay details the changes in groundwater ownership and management in Texas that have been triggered by the Edwards Aquifer Authority v. Day case. Part I establishes the foundation of groundwater management that has haltingly sought to more closely align multiple water rights regimes in Texas. Part II examines the various approaches to regulating groundwater, including those that create ownership for groundwater in place.  Finally, in light of the Day case and the contest over the permissible reach of regulation, this essay considers alternatives for allocating both the value and utility of groundwater, as well as assesses the possibilities the current state of affairs leaves us.

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