Go to "Groundwater Withdrawal Permitting" Policy Issues Package
ISSUE: GROUNDWATER WITHDRAWAL PERMITTING

Although Michigan is the only state to have passed legislation on large water withdrawal permitting, other states have enacted methods to manage both groundwater and surface water in a more comprehensive manner. The list below highlights some of these approaches:

Florida
Florida created regional authorities, Water Management Districts (WMD), to handle water management in an integrated fashion. These regional authorities have been delegated significant authority and issue the majority of groundwater withdrawal permits. State legislation requires a permit for new consumptive uses of surface water or groundwater. The permit applicant must establish that the proposed withdrawal has a “reasonable beneficial use,” which is defined as “the use of water in such a quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with public interest.” The applicant must establish that the proposed use will not interfere with any existing uses.

Massachusetts
Surface water and groundwater are managed as a single hydrologic system.

Minnesota
All appropriations and uses of surface water or groundwater are regulated under the same permit system from the Minnesota Department of Natural Resources (MDNR). “Appropriating” is defined as “withdrawal, removal, or transfer of water from its source regardless of how the water is used.” There is no specific high capacity well law; however, a permit is required to appropriate groundwater in quantities greater than 10,000 gpd and/or 1 million gallons/year. Minnesota takes into consideration the connections between surface water and groundwater in the permitting process, and a permit for groundwater appropriation can be limited or denied if the appropriation would have adverse impacts on surface waters. MDNR also has the authority to deny a permit, or require that it be modified to protect the public interest.

Mississippi
Mississippi state policy encourages conjunctive use of groundwater and surface water; thus, connecting the water bodies in an integrated fashion.

Oregon
A water right permit or certificate is required from the Water Resources Department (WRD) for all new water uses, including groundwater, lakes, and streams. Once granted, water rights are administered under the system of prior appropriation. Basin programs, which set policies for managing river basins have been established for all but two of the states major river basins. River basins are defined to include all the land area, water bodies, aquifers, and tributary systems that drain into the major namesake river. Each basin program lists all of the water uses within the basin eligible for receiving a surface water permit. If a proposed groundwater withdrawal is not used for one of the uses eligible in that basin, the permit is denied. If hydrologic continuity exists, the proposed withdrawal must be for an eligible surface and groundwater use in the basin.

If hydrologic continuity is determined to exist between the aquifer from which the proposed withdrawal will be made and a nearby surface water body, the WRD must consider the effects of the proposed withdrawal on senior surface water rights holders, natural resources, water quality, minimum stream flows, and scenic waterways.

If existing groundwater withdrawals are causing substantial interference with surface water, the WRD has the authority to restrict withdrawals when the well is located less than 500 feet from the surface water body, the WRD may limit withdrawals if doing so would provide effective and timely relief to the surface water body. If the affected surface water body is greater than one mile form the well, withdrawals may only be regulated through a critical groundwater area designation.

Washington
All appropriations and uses of water are regulated under a permit system from the Department of Ecology (DOE). In 1945, groundwater was brought into the appropriation-administrative permitting system. Groundwater withdrawal permits can be denied if the appropriation interferes with the flow of appropriated water from a spring, lake, river, or other body of surface water. A permit may also be denied if it will interfere with minimum stream flows or levels for streams, lakes, or other public waters. The DOE has the authority to set these levels when it is in the public interest, when requested by the Department of Fish and Wildlife to protect fish, game, or other wildlife resources under the jurisdiction of the requesting state agency, and when it is necessary to preserve water quality.

This page was last updated on November 12, 2003.

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