Accessing Flexibility: A Historical Institutional Analysis of Water Use for Oil and Gas Development in Colorado

Abstract

ABSTRACTUS Mountain West Water access and allocation institutions have a history of adapting policy and practice to increase flexibility for diverse water uses. We examine how flexible access has developed over time and space by operationalizing the historical institutional (HI) theoretical and methodological framework. We trace historical water access for oil and gas (OG) development in Colorado, working from contemporary water right data to examine historical critical events, policies, and political contexts. OG water use has iteratively shaped water governance institutions in the top OG producing regions of Colorado, Weld, and Garfield Counties. The analysis suggests that to more accurately capture institutional change and continuity in resource allocation systems, an analysis of informal institutions is an essential theoretical contribution to the HI framework. While increased flexibility makes multiple uses easier, policies favor the most economically lucrative beneficial uses and generate issues of transparency, an important consideration for the public’s resource. Future practices of flexibility are contingent on market structures and institutional access mechanisms shaped during previous government policy processes, illuminating the value of the HI framework to inform future water policy.