Correlative Rights Doctrine in Oil and Gas Jurisprudence
On November 13 Professor David Pierce discussed correlative rights doctrine in oil and gas jurisprudence at an hour-long CLE presentation hosted by the UNM School of Law Natural Resources and Environmental Law Program in cooperation with the New Mexico Bar Association Natural Resources, Energy and Environmental Law Section.
Director of the Washburn University School of Law Oil & Gas Center and the Norman R. Pozez Chair in Business and Transactional Law, Professor Pierce explored the history of the largely ignored private property aspects of correlative rights, offered insights into why this part of the doctrine has been stunted, and why we can expect the doctrine to play a much greater role in oil and gas jurisprudence in the coming decades. Most often correlative rights principles are applied as a limitation on state oil and gas conservation commissions to ensure any restriction on the rule of capture is administered in a fair manner.
Professor Pierce pointed out that hydraulic fracturing and the immense area where this technology can be applied will affect correlative rights jurisprudence going forward.
For more information, a video of this lecture may be viewed here.
A Water Rights Manual for Mutual Domestic Water Consumers Associations
The Utton Center is pleased to announce the publication of the Water Rights Manual for Mutual Domestic Water Consumers Associations. Written by law students Zackary Carpenter & Gregory Chakalian, class of 2011, the manual has been updated and edited by Darcy S. Bushnell, Stell Water Ombudsman of the Utton Center, UNM School of Law. The manual provides information and procedural guidance to MDWCAs in the acquisition and care of water rights in New Mexico. It has undergone extensive review by the Office of the State Engineer, organizations which provide services to Mutual Domestics and water attorneys. The manual was made possible by a grant from the McCune Charitable Foundation.
NREL Program & Utton Center Lunch & Learn on Hydraulic Fracturing
On October 16, Patrick V. Brady, Senior Scientist in the Geoscience Research & Applications Group at Sandia Laboratories, talked on the hydraulic fracturing boom in the United States to a full house at the Natural Resources & Environmental Law Lunch & Learn series. Attendees included students and faculty from the School of Law and the UNM Water Resources program, as well as Albuquerque attorneys.
Photo: Ostroff Law, Commons Wikimedia
In his lecture, entitled What U.S. hydrofracking means for the World, Dr. Brady explained, in layman’s terms, the science and technology of hydraulic fracturing and the geologic features relevant to the process and its risks. He pointed out that scientists as yet do not have any long-term data on the environmental effects of the activity.
The lecture also covered water: the risks of disturbing geologic strata containing extremely salty water and the technologic options for dealing with toxic liquids generated by hydrofracking.
Dr. Brady pointed out that, though major shale formations exist around the world, the greatest extraction activity is occurring in the U.S., and he explained marketplace and social factors driving that imbalance.
He concluded by encouraging audience members to inform themselves of the facts surrounding hydrofracking and to apply that knowledge to "triangulate" to the truth amidst the controversy surrounding the practice.
The Utton Center and Joe M Stell Ombudsman Program are pleased to announce that the Native American Water Rights Settlement e-repository or NAWRS has gone live! This project has created a collection of settlement documents which represent the formalization of Native American water rights in the United States. Today, 30 settlements have been executed for a fraction of the 566 federally recognized tribes. The e-repository resides in UNM’s LoboVault and may be accessed at http://repository.nawrs.net
The repository currently includes executed settlement agreements and federal legislation relating to the settlements. The Collection continues to grow as state legislation, Tribal claims, court scheduling and procedural orders and Tribal water codes are added. UNM School of Law Prof. Jeanette Wolfley’s Indian Water Law class will be preparing water code abstracts in the fall semester of 2013.
The e-repository allows searches by settlement. The project has also developed a web search tool which may be accessed at http://NAWRS.net The tool facilitates searches by reservation, state, watershed or document type.
The NAWRS partners include Francine Jaramillo, Senior Policy Analyst - American Indian Law Center, Albuquerque NM; Darcy Bushnell, Water Ombudsman & Senior Staff Attorney, Utton Center, UNM – School of Law; Barbara Cosens, Professor of Law, University of Idaho College of Law & Waters of the West Program; and Karl Benedict, Ph.D., Director – Earth Data Analysis Center, UNM.
Darcy Bushnell of the Utton Center and Prof. Barb Cosens of University of Idaho introduced the repository and map on August 13 at the opening Luncheon of the 2013 Symposium on the Settlement of Indian Reserved Water Rights Claims at Buffalo Thunder, the Hilton of Santa Fe.
The project is supported by the Native American Rights Fund, the National Congress of American Indians and the Western States Water Council.
Funding partners include the Bureau of Indian Affairs and the Rocky Mountain Mineral Foundation.
Fall 2013 Dialogue newsletter available at Resource Links.
Dialogue is published by the New Mexico Water Dialogue, with the aim to promote the wise stewardship and ensure the availability of water resources for future generations of New Mexicans through support of community-based planning and creation of inclusive forums for education, communication, and development of common ground.
NREEL Newsletter link available at Resource Links.
The State Bar of New Mexico Natural Resources, Energy and Environmental Law Section ("NREEL") is an organization of lawyers who practice in or are interested in law relating to natural resources, energy and the environment. Our purpose is to provide our members, the State Bar and the public with information and dialogue concerning issues affecting natural resources, energy and the environment. We also seek to provide practicing lawyers with an opportunity to share ideas, legal research and networking with the goal of providing the highest possible quality of legal services to New Mexicans in the areas of natural resources, energy and environment. Membership in SONREEL is open to any lawyer who is interested in these issues. The NREEL newsletter covers a wide range of Natural Resource and Environmental issues from fresh aquifer prospecting to wildfires impact on endangered species.