Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm is Needed for Water Utilized in Hydraulic Fracturing


Water is a precious commodity that is becoming more scarce with increased usage and climate change. One of the most important new uses of water is for hydraulic fracturing, yet use of water for this is not regulated in times of shortage as is most other uses. We propose that in water shortage situations, that water for hydraulic fracturing should be curtailed first, primarily because it is a completely consumptive use.


hydraulic fracturing, fracking, water use, water quantity, energy, natural gas, environment, natural resources

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48 University of Richmond Law Review 829 (2014)


COinS Victor B. Flatt Faculty Bio