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7 - The Next Transresource

The Emerging Wars over Pore Spaces

Published online by Cambridge University Press:  20 January 2022

Todd Jarvis
Affiliation:
Oregon State University
Jakob Wiley
Affiliation:
University of Oregon
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Summary

The suggested shift in policy perspective from groundwater to aquifers challenges the traditional approach to groundwater as a public resource issue. The legal issues involving aquifers are a complex combination of public rights and private property. Groundwater is traditionally a publicly held resource, yet the aquifer’s storage space appears to be considered private property. Although these resources are interconnected, courts have taken different approaches to addressing conflicts that involve indirect effects of groundwater extraction, like subsidence and subterranean trespass. Some states and courts treat pore spaces akin to a mineral right and protect private uses, like carbon sequestration. In other cases, courts have treated pore spaces as a public resource and refused claims of trespass and nuisance when adjacent aquifer uses interfered with private property rights. There is no clear consensus as to the ownership of aquifer pore spaces.

Type
Chapter
Information
Collective Aquifer Governance
Dispute Prevention for Groundwater and Aquifers through Unitization
, pp. 85 - 96
Publisher: Cambridge University Press
Print publication year: 2022

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  • The Next Transresource
  • Todd Jarvis, Oregon State University, Jakob Wiley, University of Oregon
  • Book: Collective Aquifer Governance
  • Online publication: 20 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781316771365.007
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  • The Next Transresource
  • Todd Jarvis, Oregon State University, Jakob Wiley, University of Oregon
  • Book: Collective Aquifer Governance
  • Online publication: 20 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781316771365.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Next Transresource
  • Todd Jarvis, Oregon State University, Jakob Wiley, University of Oregon
  • Book: Collective Aquifer Governance
  • Online publication: 20 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781316771365.007
Available formats
×