Criteria and methods of analysis for regulation for interference between wells

Abstract

Groundwater laws in the western states are generally based on the appropriation doctrine. These statutes usually allow new withdrawals of groundwater, provided that the amount of interference with neighboring wells is reasonable. Proposed withdrawals are typically approved or denied on the basis of hydrologic projections. This procedure can provide reasonable protection to existing groundwater users, an objective of the appropriation doctrine. However, it can also discourage the economic and social development of an area, contrary to another objective of the appropriation doctrine. As an alternative system, it is proposed that new withdrawals generally be allowed. It is proposed that well interference projections be used with other data to establish cost increases of senior water users as a result of new withdrawals, and that these costs then be reimbursed by the new user. This procedure is believed to be more consistent with appropriation doctrine objectives.