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5 - Determination and Redetermination

Published online by Cambridge University Press:  20 January 2022

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

Determination and redetermination are critical components of a unitization agreement. The negotiation and renegotiation of the share allocation system enable parties to update the agreement as new information or technology appears. Several accepted methods of redetermination have developed in the oil and gas context, but none currently exist for aquifers. Some examples do appear to approach direct and indirect methods of aquifer redetermination. Examples of direct methods would involve the proven availability of groundwater or available rights to storage within the aquifer. Examples of indirect methods include allocations determined by modeling of geologic conditions, pooled reductions in groundwater extraction, or refinements in a management plan that allocates extraction rates.

Keywords

interestsproperty rightsdeterminationtract interestssustainableSGMAhydrofrackingwater law
Type
Chapter
Information
Collective Aquifer Governance
Dispute Prevention for Groundwater and Aquifers through Unitization
 , pp. 65 - 79
Publisher: Cambridge University Press
Print publication year: 2022

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