Publications: Water Law
Voluntary Approaches to Agricultural Water Pollution Reduction
Linda Reid, Water365 LLC
Under the Clean Water Act, discharges of pollution from fix, discrete sources, referred to as “point sources” are managed under a permit program. All other types of discharges, including the majority of agricultural discharges, fall under the “nonpoint source” category, and are largely regulated by states. This two-part resource examines the voluntary approaches states have adopted as a way of managing agricultural water pollution. The report provides an overview of the primary approaches currently being utilized, while the chart provides information on which programs are available in which states. Posted 4/12/22
High-Capacity Wells: A Survey of Groundwater Withdrawal Rights and Regulations
Linda Reid, Water365 LLC
Agricultural irrigation accounts for the single largest use of groundwater in the United States. Satisfying this demand often requires utilizing high-capacity wells, which are wells have the ability to reach withdrawal rates exceeding natural groundwater recharge and disrupting the hydrological cycle. Absent an overarching federal framework to avoid depleting underground aquifers, the regulation of high-capacity wells is left largely to the separate states. This resource is in two parts. The report discusses the limited role of the federal government plays in managing groundwater resources and provides an overview of the legal rights and obligations pertaining to the use of groundwater, examining the regulatory frameworks in place for groundwater withdrawal via high-capacity wells. The chart breaks down each state’s requirements, including citations. Posted 3/16/21
Exempt Wells and Agriculture
Jesse J. Richardson, Jr. & Iris Aloi, West Virginia University College of Law
In some states, primarily in the western United States, the doctrine of prior appropriation is used to determine water rights. Generally speaking, under this doctrine the first landowner to divert the water to beneficial use gains priority right in the amount that is used. In times of shortage, the first user gets all of the water to which he is entitled, the second user gets all of their water, and so on, until there is no more water to appropriate. However, some states have created exemptions from this doctrine for certain types of wells, known as “exempt wells,” which typically withdraw only limited quantities of water or wells used for specific purposes, such as domestic use or livestock watering. This paper discusses the allowances for exempt agricultural wells in the states that allow them, via an explanatory text and a table that allows comparison between the states. Download this article. Posted 5/18/17
Water Rights Table
Jesse J. Richardson, Jr. & Iris Aloi, West Virginia University College of Law
This publication consists of two tables with information regarding water rights among the states. Table 1 summarizes each state’s common law water rights for both surface and percolating ground water, as well as whether the state has statutory rules that modify the common law rule. Table 2 briefly summarizes the type of regulated riparian requirements, the threshold at which the requirements apply, grandfathered water withdrawals and exemptions for those states that have regulated riparian rules. Download this article. Posted 5/18/17
State Listings: Water Law Offices
L. Paul Goeringer and Angela Boyd Research Associates National Agricultural Law Center
This publication provides a state-by-state listing of the agencies responsible for water resources and environmental quality. Click on the hyperlinked agency name to be transferred to the appropriate agency site. Download this article. Posted: March 25, 2009.
How the Concept of Navigability May Determine the Rights of Landowners Along Streams
J. W. Looney Distinguished Professor of Law, Emeritus University of Arkansas School of Law
This article provides an overview of how the varying definitions, interpretations, and concepts of navigability may be applied in determining the rights of landowners who own land along streams or land through which streams run. The article explores the historical development of the definition of a navigable stream and how the question of navigability can determine a landowner’s rights to the stream bed. In addition, this article discusses the rights that members of the public may have to use a stream for recreational purposes and examines the question of whether a stream must be navigable before the government can implement regulatory controls. Download this article. Posted: Aug. 27, 2002.