Abstract
Abstract:Exempt domestic water well provisions exist in sixteen states and allow landowners to use water wells producing relatively small amounts of water or water wells used for domestic or other specific purposes to avoid certain regulatory requirements. Exempt wells provisions apply mainly in the west, where most states use the prior appropriation rule (“first in time, first in right”) for ground water rights. Critics voice concerns over implications ranging from land use planning to water supply. This article explores existing state regulation and finds that the term “exempt well” is a misnomer. The vast majority of states impose numerous restrictions on exempt wells. Existing regulations include limitations on the quantity, location, and amount of irrigation use. Other provisions address construction standards, required filing of information and other practices. The review of regulations suggests that many steps to mitigate the impact of exempt wells are already in place.
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