CWR Project Case Studies

Resolving Endangered Species Act – Water Conflicts The Edwards Aquifer Recovery Implementation Program – Endangered Species Act By Robert L. Gulley and Todd H. Votteler Mark Twain is frequently (perhaps incorrectly) attributed with the observation that “whiskey is for drinking and water is for fighting over.” At least part of that observation is clearly appropriate to south central Texas where, for over 50 years, use of the Edwards Aquifer has inspired regional antagonism and periodically open conflict in courts and…

The Use of Masters in Environmental Litigation By Todd H. Votteler and Joe G. Moore, Jr. The “downsizing” of American government is a clear trend in public policy. Already, federal environmental agencies have significantly smaller staffs and fewer resources. However, few federal statutes have been systematically altered to accommodate the reduced resources of government agencies and address the complexity of environmental litigation. A major overhaul of environmental statutes to reflect a more limited federal role in enforcement or a shift…

The Evolution of Interbasin Surface Water Transfer Policy in Texas: Viable options for Future Water Transfer, Water Grabs, or Just Pipe Dreams By Todd Votteler, Kathy Alexander and the Late Joe Moore Percival Lowell, astronomer and wealthy gentle-man, studied Mars extensively during the late 1800s and early 1900s using the great reflector telescope of Arizona’s Flagstaff Observatory. In the course of his observations, Lowell, like other astronomers of his day, sketched images of what he perceived to be canals created…

THE EDWARDS AQUIFER HABITAT CONSERVATION PLAN Resolution to over 50 years of water dispute by Todd H. Votteler, PH.D. and Robert L. Gulley, PH.D. Water Dispute Resolution, LLC The use of the Edwards Aquifer had inspired regional antagonism and open conflict in courts and the state legislature.  It was a seemingly intractable dispute concerning whether pumping from the Aquifer should be regulated. The dispute included municipalities, industrial and agricultural users, environmental interests, as well as downstream water right holders with…

Texas Surface Water and Whooping Crane Dispute From litigation to collaboration by Todd Votteler, Ph.D. In December 2015, the Guadalupe-Blanco River Authority and The Aransas Project began a search for common ground. The two organizations had spent years in litigation over the use of water in the Guadalupe River concerning how that use affects the wintering population of the endangered whooping crane (Grus americana).  On February 24, 2016, the two former antagonists announced collaboration on a process to address human…

THE LITTLE ENDANGERED FISH THAT ROARED: THE ENDANGERED SPECIES ACT, STATE GROUNDWATER LAW, AND PRIVATE PROPERTY RIGHTS COLLIDE OVER THE TEXAS EDWARDS AQUIFER AND ENDANGERED FISH AND OTHER AQUATIC SPECIES by Todd H. Votteler The Edwards Aquifer is the sole source of water for San Antonio, Texas. The Aquifer contributes surface water flow in the Guadalupe River through Comal and San Marcos Springs, both of which are home to endangered fish and other aquatic species, including the fountain darter. In…