Darcy Alan Frownfelter
Areas of Practice
Darcy is a partner in the Environmental, Administrative and Public Law Department, and practices in the firm's Austin office where he serves as General Counsel for the Edwards Aquifer Authority. He is a former Deputy Attorney General for the Idaho Department of Water Resources, Hearings Examiner with the Texas Water Commission, and Legal Advisor to the U.S. Section of the International Boundary and Water Commission - U.S. and Mexico.
Professional Affiliations
- State Bar of Texas
- Idaho State Bar
- Texas Water Conservation Association, Water Laws Committee
Bars & Courts
- Idaho, 1979
- Texas, 1980
- U.S. District Court, District of Idaho
- U.S. District Court, Western District of Texas
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Supreme Court
Education
- Texas A&M University, Bach. Env. Design, 1976
- University of Idaho, J.D., 1979
- University of Texas School of Law, LL.M. Water Law, 1989
Publications
- Frownfelter, Increasing the Cap - Amendments to the Edwards Aquifer Act: Implementation and Implications, paper presented at the Texas Water Law Institute, UT CLE, Austin, Texas (Dec. 2007)
- Frownfelter, et al, Attorneys of Record Discuss Major Texas Water Cases, paper presented at the CLE International Texas Water Law Conference, Houston, Texas (April 2007)
- Frownfelter, Compendium of Selected Non-Point Source Water Quality Policy Documents of the Edward Aquifer Authority, paper presented at the Texas Water Law Institute, UT CLE, Austin, Texas (Dec. 2006)
- Frownfelter, Litigation And Caselaw Update, paper presented at the Water Law Seminar, Texas Water Conservation Association/Texas Rural Water Association, Austin, Texas (Jan. 2006)
- Frownfelter, Groundwater Update - Case Law Update (Texas Water Law - Ground Water, Surface Water & Water Quality Issues), paper presented at the Texas Water Law Conference, CLE International, Austin, Texas (Sept. 2005)
- Frownfelter and Trejo, The Rule of Capture and the Edwards Aquifer Adjudication, The Water Report, Volume 1, Issue No. 1 (Mar. 2004)
- Frownfelter, Planning by Groundwater Conservation Districts, paper presented at the Programs, Plans and Rules for Your Groundwater Conservation District Conference, Texas A&M University, College Station, Texas (Aug. 2003)
- Frownfelter, An Update on What’s Happening With the Edwards Aquifer, paper presented at the Changing Face of Water Rights in Texas Conference, State Bar of Texas, San Antonio, Texas (Feb. 2002)
- Frownfelter, The Nuts & Bolts of Regulatory Decisions: Satisfying Procedural and Due Process Requirements, paper presented at the Water for Texas’ Future: The Legal Issues Conference, Texas Water Conservation Association/Texas Rural Water Association, Austin, Texas (Jan. 2002)
- Frownfelter, Groundwater Withdrawal Permit Program: Edwards Aquifer Authority, paper presented at the Changing Face of Water Rights in Texas Conference, State Bar of Texas, San Antonio, Texas (Feb. 2001)
- Frownfelter, Edwards Aquifer Authority, Litigation and Interim Committee Update, paper presented at the Texas Water Law Conference, CLE International, Austin, Texas (Oct. 2000)
- Frownfelter, Environmental Law, printed in DOING BUSINESS IN TEXAS - A GUIDE FOR FOREIGN INVESTORS DOING BUSINESS IN THE LONE STAR STATE. (International Law Section, State Bar of Texas (1999))
- Frownfelter, Bibliography of Selected Groundwater Legal References Relevant to the El Paso/Ciudad Juarez Region, prepared for the Shared Groundwater, The Hueco Bolson: Binational Needs and Responsibilities Conference, Center for Environmental Resource Management, University of Texas-El Paso (May 1996)
- Frownfelter, Water as a Natural Resource: The Regulation of Water Use by International Treaties, paper presented at the Legal Aspects of Doing business in Mexico Conference, St. Mary’s Law Journal, St. Mary’s University School of Law, San Antonio, Texas (Mar. 1992)
- Frownfelter, Water Supply Acquisition for Colonias: A Case Study of the El Paso County Lower Valley Water District Authority, paper presented at the Laws of the Rio Grande Del Norte, An Interstate Seminar, Colorado, New Mexico and Texas Bar Association, Albuquerque, N.M. (Apr. 1991)
- Tarlock & Frownfelter, State Groundwater Sovereignty After Sporhase; The Case of the Hueco Bolson, 43 OK.L.R. 27 (1990)
- Frownfelter, Environmental Law and Real Estate Transactions, paper presented at the Design Considerations for Geotechnical, Geological and Environmental Hazards Conference, New Mexico State University and Sergent, Hauskins & Beckwith, Inc., Las Cruces, New Mexico (Mar. 1989)
- Frownfelter & Williams, Annual Review of Western Water Law 1 (Water Resources Committee, Natural Resources Law Section, A.B.A. Monograph (1988))
- Frownfelter & Williams, Current Developments Monograph of the Water Resources Committee, THE YEAR IN REVIEW - 1987, IV A.B.A. SEC. NAT. RESOURCES L. 279 (1988)
- Frownfelter & Williams, Annual Review of Western Water Law 1 (Water Resources Committee, Natural Resources Law Section, A.B.A. Monograph (May 1987)
- Frownfelter & Williams, Current Developments Monograph of the Water Resources Committee, THE YEAR IN REVIEW – 1986, III A.B.A. SEC. NAT. RESOURCES L. 267 (1987)
- Frownfelter, The International Component of Texas Water Law, 18 ST. MARY’S L.J. 481 (1986)
- Frownfelter, Current Developments Monograph of the Water Resources Committee, THE YEAR IN REVIEW – 1985, II A.B.A. SEC. NAT. RESOURCES L. 237 (1986)
- Attorney General Opinion No. 82-8 1982 IDAHO ATT’Y GEN. REP. AND OPIN. 97 (re: Department of Water Resources authority to expend monies from the Water Administration Fund)
- Frownfelter, Compendium of Idaho Energy-Related Laws, Legislative Memorials and Resolutions, in IDAHO ENERGY RESOURCES POLICY BOARD, THE IDAHO ENERGY PLAN H-1 (Feb. 1982)
Professional Activities
- Speaker - "Increasing the Cap - Amendments to the Edwards Aquifer Act: Implementation and Implications," Texas Water Law Institute, UT CLE, Austin, Texas (Dec. 2007)
- Speaker - "Attorneys of Record Discuss Major Texas Water Cases," CLE International Texas Water Law Conference, Houston, Texas (April 2007)
- Speaker - “Update on the Edwards Aquifer Authority,” Natural Resources Law Section, San Antonio Bar Association, San Antonio, Texas (Jan. 2007)
- Speaker - “Compendium of Selected Non-Point Source Water Quality Policy Documents of the Edwards Aquifer Authority,” Texas Water Law Institute Seminar, UT CLE, Austin, Texas (Dec. 2006)
- Speaker - “Emerging Water Rights Issues - Edwards Aquifer Groundwater Rights,” Hot Topics in Real Estate and Eminent Domain Seminar, International Right of Way Association, San Marcos, Texas (Sept. 2006)
- Speaker - “Update on Groundwater Case Law of Interest to the San Antonio Region,” Water Committee, San Antonio Chamber of Commerce, San Antonio, Texas (July 2006)
- Speaker - “EAA Domestic and Livestock Wells,” Annual Conference on the Edwards Aquifer, Witte Musuem, San Antonio, Texas (Apr. 2006)
- Speaker - “Litigation and Caselaw Update”, Water Law Seminar, Texas Water Conservation Association/Texas Rural Water Association, Austin, Texas (Jan. 2006)
- Session Chair - Legal Issues and Governmental Programs Related to Karst, 10th Multidisciplinary Conference on Sinkholes and the Engineering and Environmental Impacts of Karst, American Society of Civil Engineers, San Antonio, Texas (Sept. 2005)
- Speaker - “Groundwater Update - Case Law Update - Texas Water Law - Ground Water, Surface Water & Water Quality Issues,” Texas Water Law Conference, CLE International, Austin, Texas (Sept. 2005)
- Speaker - “Edwards Aquifer Authority Rulemaking,” Natural Resources Law Section, San Antonio Bar Association, San Antonio, Texas (May 2005)
- Speaker - “EAA Rules and Regulations,” Annual Conference on the Edwards Aquifer, Witte Musuem, San Antonio, Texas (Mar. 2005)
- Speaker - “Surface Water Transfers,” Association of Water Board Directors, Austin, Texas (Jan. 2005)
- Speaker - “The Nature of Edwards Aquifer Authority Groundwater Permits,” Environmental Section, San Antonio Bar Association, San Antonio, Texas (Dec. 2004)
- Speaker - “Legal Aspects of Internationally Shared Aquifer Resources Management in the El Paso-Cuidad Juárez Region,” Transboundary Aquifers of the Americas UNESCO/OAS ISARM Americas Programme, El Paso, Texas (Nov. 2004)
- Speaker - “Regulation of Water Resources,” Environmental Law Society, St. Mary’s University College of Law, San Antonio, Texas (Oct. 2004)
- Speaker - “Edwards Aquifer Authority Rulemaking,” Joint Board Meeting, Edwards Aquifer Authority/San Antonio Water System (Aug. 2004)
- Speaker - “Edwards Aquifer Authority Permit Rights,” Environmental Section, San Antonio Bar Association, San Antonio, Texas (Nov. 2003)
- Speaker - “Water Law of the Rio Grande Basin,” Federal Bar Association, San Antonio, Texas (Aug. 2003)
- Speaker - “Programs, Plans and Rules for Your Groundwater Conservation District,” Texas A&M University, College Station, Texas (Aug. 2003)
- Speaker - “The Edwards Aquifer & Edwards Aquifer Authority,” Federal Bar Association, San Antonio, Texas (Sept. 2002)
- Speaker - “Issues Surrounding Mexico’s Obligation to Deliver Water to the U.S. Under the 1944 Treaty,” Regional Clean Air & Water Association Meeting, San Antonio, Texas (June 2002)
- Speaker - “Rulemaking by Groundwater Conservation Districts,” Hill Country Groundwater Conservation District Alliance Meeting, Blanco, Texas (Apr. 2002)
- Speaker - The Changing Face of Water Rights in Texas 2002, State Bar of Texas, San Antonio, Texas (Feb. 2002)
- Speaker - Water for Texas’ Future: The Legal Issues Conference, Texas Water Conservation Association/Texas Rural Water Association, Austin, Texas (Jan. 2002)
- Speaker - “Permitting, Implementation and Enforcement of Rules: District Rules and Regulations,” Preserving Groundwater Through Local Management Conference, Texas Groundwater Legal Defense & Education Fund, Austin, Texas (Aug. 2001)
- Speaker - Endangered Species and Western Water Law in the Southwest, a Symposium, Western States Water Council, Albuquerque, New Mexico (June 2001)
- Speaker - The Changing Face of Water Rights in Texas 2001, State Bar of Texas, San Antonio, Texas (Feb. 2001)
- Speaker - “Groundwater Transfers Under the Edwards Aquifer Act,” Natural Resources Law Section, San Antonio Bar Association, San Antonio, Texas (Feb. 1999)
- Speaker - Texas Water Law Conference, CLE International, Austin, Texas (Oct. 2000)
- Member - Planning Committee for the San Diego Water Law Conference, American Bar Association, Environment, Energy and Resources Section, 2000
- Speaker - Endangered Species Act, CLE International, Austin, Texas (May 1998)
- Member - Southwest Center for Environmental Research & Policy - March, 1997 - Present
- Speaker - Shared Groundwater, The Hueco Bolson: Binational Needs and Responsibilities, The University of Texas at El Paso, The Center for Environmental Resource Management (May 1996)
- Member - Executive Committee, Environmental and Natural Resources Law Section, State Bar of Texas: 1994 - 1998 (Treasurer, 1995 - 1997; Secretary, 1997 - 1998)
- Speaker - The Legal Aspects of Doing Business in Mexico Conference, St. Mary’s Law Journal, School of Law, St. Mary’s University, San Antonio, Texas (Mar. 1992)
- Speaker - Law(s) of the Rio Grande del Norte, Interstate Seminar among the Colorado, New Mexico and Texas Bar Associations, Albuquerque, New Mexico (Apr. 1991)
- Vice Chairman - Water Resources Committee, Natural Resources Law Section; American Bar Association: 1985 - 1990
- Speaker - Environmental Law and Real Estate Transaction, Geological, Geotechnical & Environmental Hazards, A Southwest Regional Perspective, New Mexico State University and Sergent Hauskins & Beckwith, Las Cruces, New Mexico (Mar. 1989)
- Member - Water Section Program Committee and Select Subcommittee, Rocky Mountain Mineral Law Foundation 33rd Annual Institute: Vail, Colorado, 1986
- Member - Low-Level Radioactive Waste Disposal Siting Technical Advisory Committee and Legal Subcommittee, West Texas Council of Governments: El Paso, Texas 1986 -1987
- Speaker - Water Rights Law Conference, The St. Mary’s Law Journal, School of Law, St. Mary’s University: San Antonio, Texas (May 1986)
- Speaker - Solar Energy Conference, Idaho Office of Energy, Office of the Governor: Boise, Idaho (1982)
- Chairman - Nuclear Power Subcommittee, National Governors’ Association: Washington, D.C., 1979 - 1980
- State Delegate - Nuclear Waste Management Task Force, U.S. Department of Energy: Washington, D.C., 1979 - 1980
