The Groundwater Protection Act
AN ACT CREATING PERMIT REQUIRMENTS FOR GROUNDWATER WITHDRAWAL
BE IT ENACTED BY THE LEGISLATURE OF <your state here>:
Section 1. Short Title.
This Act shall be known as the “Groundwater Protection Act.”
Section 2. Intent.
The Legislature finds that the waters of <insert your state name here> are a precious and invaluable resource upon which there is an ever increasing demand for existing, new, and competing uses. The Legislature further recognizes that an adequate supply of groundwater for domestic, agricultural, industrial, and recreational uses, and for fish and wildlife is essential to the health, safety, and welfare of the people of <insert your state here>. Therefore, there is hereby established a system whereby large groundwater withdrawals are required to be permitted by the State of <insert your state here>.
Section 3. Definitions.
(A) “Aquifer” means any water-bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn.
(B) “Artesian aquifer” means an aquifer overlain by a layer of material of less permeability than the aquifer, and where the aquifer is under sufficient pressure so that when it is penetrated by a well, the groundwater will rise naturally above the top of the aquifer.
(C) “Available drawdown” means the difference in depth between the static water level and the bottom of the aquifer.
(D) “Class 1 groundwater withdrawal facility” means a groundwater withdrawal facility where any of the following conditions exist:
(1) The groundwater withdrawal facility is located in an area where the Department has reasonable evidence that the potential for a groundwater withdrawal conflict does not exist, or
(2) The applicant has submitted to the Department a detailed hydrogeologic study that presents credible data that the proposed groundwater withdrawal will not exceed the sustainable yield.
(E) “Class 2 groundwater withdrawal facility” means a groundwater withdrawal facility that is located in an area where any of the following conditions exists:
(1) The Department has reasonable evidence of an existing or potential groundwater withdrawal conflict, or
(2) The Department does not have adequate groundwater data on which to base a decision on whether the proposed groundwater withdrawal will exceed the sustainable yield.
(F) “Consolidated geologic materials” means geologic formation materials, such as limestone, dolomite, sandstone, shale, basalt, or granite, which are coherent due to the interlocking or cementation of their mineral components.
(G) “Department” means the Department of Environmental Quality <or appropriate state agency>.
(H) “Fund” means the Aquifer Protection Fund.
(I) “Groundwater” means water below the land surface in a zone of saturation.
(J) “Groundwater withdrawal conflict” means the failure of an existing water well to furnish its normal quantity and quality of groundwater, or the failure of surface water to achieve minimum stream flow requirements, because of a progressive decline of the water level within the drainage basin due to the withdrawal of groundwater from the basin by a high-capacity well or sump.
(K) “Groundwater withdrawal facility” means a water well or sump, or a combination of wells and sumps, equipped with, or intended to be equipped with, a pump or pumps capable of extracting groundwater at a rate of more than 70 gallons per minute. Two or more groundwater withdrawal facilities on contiguous parcels under the same ownership and pumping from the same aquifer shall be considered a single groundwater withdrawal facility.
(L) “Minimum stream flow” means the Q90 (the flow which is exceeded 90% of the time), unless otherwise mandated by the <insert relevant state agency>.
(M) “Potentially impacted well” means a water well that may be subject to a groundwater withdrawal conflict.
(N) “Potentially impacted water body” means a surface water body that may be subject to a groundwater withdrawal conflict.
(O) “Static water level” means the distance between the ground surface and the water level within a well that is not being pumped or is not under the influence of a well that is being pumped.
(P) “Sump” means an excavation, pit, infiltration gallery, or other structure that is installed for the purpose of lowering the groundwater level at a groundwater withdrawal facility.
(Q) “Sustainable yield” means the amount of groundwater, giving due consideration to existing groundwater withdrawals, that can be withdrawn from an aquifer based on 100 days of continual pumping at the rated pump capacity without recharge and without causing any of the following conditions:
(1) A progressive decline of the water level of at least 5 feet below the static water level within a potentially impacted well that is completed in unconsolidated geologic materials, or at least 25 feet below the static water level within an existing water well that is completed in consolidated geologic materials;
(2) A progressive decline of water level that reduces the available drawdown of the aquifer on the property of adjacent groundwater users by at least 25%;
(3) A progressive decline of surface water levels in the drainage basin such that they fail to meet minimum stream flow requirements; or
(4) A progressive decline of water quality such that a stream of pollutants will be introduced into a previously unpolluted area or pollutants in either the groundwater and/or surface water would increase as a result of the groundwater withdrawal.
(R) “Unconsolidated geologic materials” means geologic formation materials that are loose and noncemented, such as sand or gravel.
(S) “Water table aquifer” means an aquifer where groundwater is under atmospheric pressure.
(T) “Water well” means an opening in the surface of the earth that is intended for the removal of groundwater for any purpose. A water well includes, but is not limited to, a cal borehole.
Section 4. Permitting Requirements.
(A) A groundwater withdrawal facility shall not extract groundwater at a rate of more than 70 gallons per minute unless a groundwater withdrawal permit has been obtained from the Department.
(B) The requirement to obtain a groundwater withdrawal permit does not apply to water wells used solely for fire protection.
(C) A facility withdrawing groundwater on the effective date of this Act shall have a period of 90 days to apply for a groundwater withdrawal permit.
Section 5. Permit Application Requirements.
(A) The owner of a groundwater withdrawal facility or a proposed groundwater withdrawal facility, or the owner’s authorized representative, may apply for a groundwater withdrawal permit by submitting an application to the Department on a form provided by the Department. The applicant shall provide the Department with the following information:
(1) The location or proposed location of the groundwater withdrawal facility;
(2) The proposed well or sump locations at the groundwater withdrawal facility, including the township name, township number, range number, section number, and fractional description of the location within the section, and the county;
(3) The rated pumping capacity of pumping equipment to be installed in the water wells or sumps;
(4) The intended use of the groundwater;
(5) Proof of ownership of the property from which the groundwater withdrawal will occur or, in the case of a lease, a copy of a valid lease and express permission from the lessor to withdraw groundwater at the requested volume(s);
(6) A detailed hydrogeologic study, if required for a Class 2 groundwater withdrawal facility under Section 3(E)(2), or at the option of the applicant if the application is for a Class 1 groundwater withdrawal facility; and
(7) Other information as required on the application and determined by the Department.
(B) Except as provided in subsection (D), an applicant for a groundwater withdrawal permit shall submit a fee of $500.00 at the time the application is submitted. The Department shall forward fees collected under this subsection to the State Treasurer for deposit into the Aquifer Protection Fund.
(C) An incomplete application or an application submitted to the Department without payment of the fee under subsection (B) shall not be processed.
(D) A public water supply, as defined in Section 2 of the Safe Drinking Water Act (42 U.S.C. sec. 300f et seq.) is exempt from paying the permit fee under this section.
Section 6. Hydrogeologic Study Requirements.
(A) If an applicant for a groundwater withdrawal permit under Section 5(A)(6) submits a hydrogeologic study to the Department, the hydrogeologic study shall include, at least, the following information:
(1) The location of the wells or sumps at the groundwater withdrawal facility in accordance with Section (5)(A)(2) and the latitude and longitude of the wells or sumps using a global positioning system;
(2) A summary of regional and local hydrogeology, including an estimate of the real and vertical extent of the aquifer, whether the aquifer is a water table aquifer or an artesian aquifer, flow direction of the aquifer, and whether the aquifer consists of consolidated or unconsolidated geologic materials;
(3) An estimate of hydraulic characteristics, including aquifer storage coefficient and transmissivity based on an aquifer test of sufficient design and duration;
(4) The proposed rate of groundwater withdrawal;
(5) The location of potentially impacted wells within a radius of 1 mile of the groundwater withdrawal facility. If no potentially impacted wells exist within a 1 mile radius of the groundwater withdrawal facility, the nearest 4 potentially impacted wells surrounding the groundwater withdrawal facility shall be identified;
(6) A record of static water levels from wells in the vicinity as follows:
(a) If there are wells located within 1 mile of the groundwater withdrawal facility, the static water levels shall be obtained in accordance with all of the following:
(i) At a minimum, collected from wells located north, south, east, and west of the groundwater withdrawal facility;
(ii) Collected from the well or wells at the groundwater withdrawal facility; and
(iii) Collected from 10% or not fewer than 4 of the potentially impacted wells identified under Section 6(A)(5), whichever is greater.
(b) If no wells are located within 1 mile of the groundwater withdrawal facility, static water levels shall be collected from not fewer than the nearest 4 potentially impacted wells or from not fewer than 4 wells installed by the applicant, which are completed in the same aquifer as the well or wells serving the groundwater withdrawal facility and which are located in accordance with Section 6(A)(6)(a)(i).(7) Projections of drawdown within the aquifer as a function of distance from the groundwater withdrawal facility, including a determination of the sustainable yield;
(8) Identification of potentially impacted wells identified under Section 6(A)(5), which withdraw more than 70 gallons per minute;
(9) The location of potentially impacted surface water bodies within a radius of 1 mile of the groundwater withdrawal facility. If no potentially impacted surface water bodies exist within a 1 mile radius of the groundwater withdrawal facility, the nearest 4 potentially impacted surface water bodies surrounding the groundwater withdrawal facility shall be identified;
(10) A record of water flow levels from surface water bodies in the vicinity as follows:
(a) If there are surface water bodies located within 1 mile of the groundwater withdrawal facility, the water flow levels shall be obtained in accordance with all of the following:
(i) At a minimum, collected from water bodies located north, south, east, and west of the groundwater withdrawal facility; and
(ii) Collected from 10% or not fewer than 4 of the potentially impacted wells identified under Section 6(A)(9), whichever is greater.
(b) If no surface water bodies are located within 1 mile of the groundwater withdrawal facility, water flow levels shall be collected from not fewer than the nearest 4 potentially impacted surface water bodies, which are located in the same drainage basin as the well or wells serving the groundwater withdrawal facility and which are located in accordance with Section 6(A)(6)(a)(i); and
(11) Projections of surface water drawdown within the drainage basin as a function of distance from the groundwater withdrawal facility, including a determination of the sustainable yield.
Section 7. Permit Processing.
(A) The Department shall process all administratively complete permit applications in the order in which they are received.
(B) Within 45 days of receipt of an administratively complete permit application under Section 5, the Department shall evaluate the application and shall determine whether the application is for a Class 1 groundwater withdrawal facility or a Class 2 groundwater withdrawal facility.
(C) If an interested party whose rights may be impacted by the permit approval requests the Department to schedule a public hearing on a groundwater withdrawal permit application, the request shall be made in writing and any hearing shall be conducted within 45 days of receipt of such request. The hearing shall take place before any permit is approved.
Section 8. Permit Issuance.
(A) If the Department determines under Section 6 that the application is for a Class 1 groundwater withdrawal facility, the Department shall issue the permit.
(B) If the Department determines under Section 3(E) that the application is for a Class 2 groundwater withdrawal facility, the Department shall require the applicant to submit a hydrogeologic study, unless such study has previously been submitted. The Department shall review the hydrogeologic study within 45 days of its receipt to determine the potential impacts of the proposed groundwater withdrawal, alternatives to minimize and mitigate adverse impacts, and the sustainability of the proposed groundwater withdrawal. To cover the cost of the review of an application for a Class 2 groundwater withdrawal facility, the applicant shall submit an additional fee of $500.00. The Department shall forward this fee to the State Treasurer for deposit into the Aquifer Protection Fund. The Department shall issue the groundwater withdrawal permit if the applicant furnishes the Department with a detailed hydrogeologic study containing the information required in Section 5 that provides reasonable scientific evidence that the intended rate of groundwater withdrawal will not exceed the sustainable yield of the aquifer.
(C) The Department shall not issue a groundwater withdrawal permit if the applicant furnishes the Department with a hydrogeologic study that presents credible data that the proposed groundwater withdrawal will exceed the sustainable yield, unless the applicant submits a proposal to limit the groundwater withdrawal to the sustainable yield of the aquifer, or the following items are submitted by the applicant:
(1) Signed affidavits from all potentially impacted well owners acknowledging and accepting the potential impact and/or a legally binding agreement between the applicant and the owners of potentially impacted wells that provides for well alteration, well replacement, provisions for an alternate water supply, financial compensation, or other remedies as agreed upon between the parties; and
(2) An environmental mitigation plan demonstrating the alleviation of adverse effects to any surface water bodies located within a 1 mile radius of the groundwater withdrawal facility.
Section 9. Permit Record Requirement.
On the date of the issuance of the groundwater withdrawal permit, the Class 2 groundwater withdrawal permit holder shall submit to the Department the records of the quality and quantity of monthly groundwater withdrawals for that year. This report shall be made annually for the duration of the permit.
Section 10. Permit Duration and Renewal.
(A) A groundwater withdrawal permit issued under this Act is valid for the duration of three years at the pumping rate as specified in the permit, unless new scientific information becomes available that demonstrates adverse impacts of the water withdrawal facility on the water basin.
(B) Permits shall be renewed every three years for a maximum of twenty years. After twenty years, the water withdrawal facility shall apply for a new permit as described in Section 8 of this Act.
(1) The owner of a groundwater withdrawal facility or a proposed groundwater withdrawal facility, or the owner’s authorized representative, may apply for a groundwater withdrawal renewal permit by submitting an application to the Department on a form provided by the Department. The applicant shall provide the Department with any changes from the initial permit related to:
(a) The location or proposed location of the groundwater withdrawal facility;
(b) The proposed well or sump locations at the groundwater withdrawal facility, including the township name, township number, range number, section number, and fractional description of the location within the section, and the county;
(c) The rated pumping capacity of pumping equipment to be installed in the water wells or sumps;
(d) The intended use of the groundwater;
(e) Proof of ownership of the property from which the groundwater withdrawal will occur or, in the case of a lease, a copy of a valid lease and express permission from the lessor to withdraw groundwater at the requested volume(s);
(f) The detailed hydrogeologic study, if required for a Class 2 groundwater withdrawal facility under Section 3(E)(2), or at the option of the applicant if the application is for a Class 1 groundwater withdrawal facility; and
(g) Other information as required on the application and determined by the Department.(2) Except as provided in subsection (5), an applicant for a groundwater withdrawal renewal permit shall submit a fee of $500.00 at the time the application is submitted. The Department shall forward fees collected under this subsection to the State Treasurer for deposit into the Aquifer Protection Fund.
(3) An incomplete application or an application submitted to the Department without payment of the fee under subsection (2) shall not be processed.
(4) A public water supply, as defined in Section 2 of the Safe Drinking Water Act (42 U.S.C. sec. 300f et seq.) is exempt from paying the permit fee under this section.
(5) Notice of permit renewal application shall be publicized by the Department. If an interested party whose rights may be impacted by the permit approval requests the Department to schedule a public hearing on a groundwater withdrawal permit application, the request shall be made in writing and any hearing shall be conducted within 45 days of receipt of such request. The hearing shall take place before any permit renewal is approved.
(6) The renewal permit shall be issued within 45 days of receipt unless a hearing is requested or the Department determines that conditions have changed from when the initial permit was issued to warrant requesting additional information including, but not limited to, a hydrogeologic study.
(C) A permit shall not be renewed if the groundwater withdrawal facility has violated any section of this Act. The groundwater withdrawal facility in violation may apply for a new permit.
Section 11. Aquifer Protection Fund.
(A) The Aquifer Protection Fund is created within the State Treasury.
(B) The State Treasurer may receive money or other assets, including permit fees, fines, and penalties under this Act, into the Fund. The State Treasurer shall direct the investment of the Fund and shall credit to the Fund interest and earnings from Fund investments.
(C) Money in the Fund at the close of the fiscal year shall remain in the Fund and shall not lapse into the general fund.
(D) The Department may expend money from the Fund, upon appropriation, only for the implementation and administration of this Act.
Section 12. Penalties.
(A) An owner of a groundwater withdrawal facility who fails to obtain a groundwater withdrawal permit as required by this Act, or who violates the conditions of the permit and causes environmental harm or impairs the rights of other property owners to withdraw groundwater for their reasonable and beneficial use, is guilty of a misdemeanor punishable by a fine of not less than $5,000.00 for each day of violation or by imprisonment for not more than 1 year, or both.
(B) At the request of the Department, the Attorney General may bring a civil action for injunctive or other appropriate relief on behalf of the people of the State to enforce this Act.
(C) If a property owner’s use of groundwater or surface water, permitted or otherwise allowed by law, is impaired or otherwise harmed by a groundwater withdrawal facility or by any other means, the property owner may bring an appropriate civil action in district court against the owner or operator of the groundwater withdrawal facility or any other person who has harmed or otherwise impaired the owner’s use of the groundwater.
Section 13. Construction Permit Requirement.
In addition to a groundwater withdrawal facility permit required by this Act, the owner of a groundwater withdrawal facility or his or her authorized representative shall obtain any well construction permits as otherwise required by state law or local ordinances.
Section 14. Contractor Requirement.
Before a person who is registered as a water well drilling contractor or pump installation contractor constructs and equips a well serving a groundwater withdrawal facility, the contractor shall notify the owner or operator of the groundwater withdrawal facility of the provisions of this Act.
Section 15. Effective Date.
This Act shall be effective immediately upon its passage.
Section 16. Severability.
If any provision of this Act, or the application thereof, to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.
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