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. |