Groundwater Issues
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Groundwater Issues |
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GROUNDWATER BASICS (More information at: www.groundwater.org) When rain falls to the ground, the water does not stop moving. Some of it flows along the surface in streams or lakes, some of it is used by plants, some evaporates and returns to the atmosphere, and some sinks into the ground. Imagine pouring a glass of water onto a pile of sand. Where does the water go? The water moves into the spaces between the particles of sand. Groundwater is water that is found underground in cracks and spaces in soil, sand and rocks. The area where water fills these spaces is called the saturated zone. The top of this zone is called the water table...just remember the top of the water is the table. The water table may be only a foot below the ground’s surface or it may be hundreds of feet down. Groundwater can be found almost everywhere. The water table may be deep or shallow; and may rise or fall depending on many factors. Heavy rains or melting snow may cause the water table to rise, or an extended period of dry weather may cause the water table to fall. Groundwater is stored in--and moves slowly through--layers of soil, sand and rocks called aquifers. The speed at which groundwater flows depends on the size of the spaces in the soil or rock and how well the spaces are connected. Aquifers typically consist of gravel, sand, sandstone, or fractured rock, like limestone. These materials are permeable because they have large connected spaces that allow water to flow through. Water in aquifers is brought to the surface naturally through a spring or can be discharged into lakes and streams. This water can also be extracted through a well drilled into the aquifer. A well is a pipe in the ground that fills with groundwater. This water then can be brought to the surface by a pump. Shallow wells may go dry if the water table falls below the bottom of the well. Some wells, called artesian wells, do not need a pump because of natural pressures that force the water up and out of the well. Groundwater supplies are replenished, or recharged, by rain and snow melt. In some areas of the world, people face serious water shortages because groundwater is used faster than it is naturally replenished. In other areas groundwater is polluted by human activities. In areas where material above the aquifer is permeable, pollutants can sink into the groundwater. Groundwater can be polluted by landfills, septic tanks, leaky underground gas tanks, and from overuse of fertilizers and pesticides. If groundwater becomes polluted, it will no longer be safe to drink. Groundwater is used for drinking water by more than 50% of the people in the United States, including almost everyone who lives in rural areas. The largest use for groundwater is to irrigate crops. It is important for all of us to learn to protect our groundwater. SOME BENEFITS
OF GROUNDWATER REPLENISHMENT APPROACHES top 1. Develop a complete list of
aquifer-sparing approaches 2. Prioritize approaches 3. Implement the approaches stepwise, evaluating effect of one before proceeding to the next. Over- dramatizing current problems and calling for immediate, massive action to address all potential problems at once can lead to a spurt of activity usually followed by a return to long-term complacency, and overdramatization of problems everywhere may undercut the credibility of conservation measures in places where real emergencies are looming. 4. Control Aquifer extraction, based on the average recharge. Consider charging a conservation- motivating extraction fee that reflects more closely water's "true cost," e.g. costs to protect, pump and purify water. (Removing subsidies will require specialized measures to ensure that the poor have access to water.) The biggest bills would be paid by industrial and large-scale agricultural consumers, many of whom currently tap groundwater for free or are the beneficiaries of publicly pumped groundwater at heavily subsidized prices. Allow attrition to effect part of the aquifer's restoration. 5. Establish groundwater protected
areas top This problem, sometimes referred to as the "common pool effect", applies also to aquifers that overlap state or provincial jurisdiction or, posing even greater difficulty, the separate jurisdictions of different sovereign nations. There are also competing claims to groundwater rights between the agricultural, industrial and municipal sectors, and ideological disputes as to whether groundwater is a publicly or privately owned resource. Another trade-off which needs to be negotiated is meeting food needs while protecting groundwater resources. Groundwater is the highest quality and most dependable source for irrigation, but dependence on groundwater to meet the demands of an expanding population and rising living standards is a risky business, in terms of polluting and overextracting ground-water. In addition, a UN report finds that 90 million hectares of land will need to be brought into cultivation by 2010 to meet rising food demand, and half is likely to come from cutting down forest areas that presently provide valuable cover for groundwater resources. Different approaches to these questions of access, ownership and control have evolved over time: legal frameworks enabling groundwater resources management are essential. Some flexibility must be built in however to adjust to local conditions. Integrated water resources management agencies and users can draw on a wide variety of initiatives that amalgamate both regulations and education because of the "common pool" nature of groundwater resources. Water right systems are necessary to protect public and neighbour interests and regulate water markets and transfers. Whichever approach is pursued, it is clear that management of groundwater as part of an integrated water resources management needs to be developed and maintained at local, regional and national levels. International cooperation in this area needs to be placed on the world's agenda as well. In the ancient world, great civilizations tended to rise in areas when issues of irrigation and water use were addressed cooperatively. Although access to high-quality water resources is proving to be cause for contention today, it might just as well become a rationale for conflict prevention through cooperation. Social dimensions are as important as technical dimensions in the evolution of approaches for ensuring the sustainability of key economic, health and environmental systems. Education, notably of youth, participation and dialogue are essential. Although urgent measures might need to be taken in specific areas of the world, it is crucial to recognize that emerging groundwater problems are not amenable to rapid solutions. Rather they signal the need to develop management systems capable of flexibly addressing constraints as they arise. If groundwater is viewed as a common heritage to which all have fundamental rights, it is most important not to delay further the start of this process. The United Nations World Water Day is
celebrated every year on March 22nd. Each year, the
United Nations defines a theme and a focal agency for
World Water Day activities. In 1998, UNICEF was the focal
agency and produced the material below on the theme of
"Groundwater: the Invisible Resource".
Groundwater is the main source of base flows for surface water courses and wetlands. It is an effective buffer against drought. As global warming is expected to alter recharge patterns, the buffering action is going to become more important. When rainfall is not sufficient and rivers run dry, groundwater remains a dependable source of water for irrigation and drinking. Political leaders and analysts are talking more frequently about the possibility that increasing demand for precious groundwater will lead to cross-border conflicts, even wars. It is not easy to resolve disputes over sovereign ground-water rights, since many aquifers and underground streams cross national borders; and a well drilled vertically within the boundaries of one country may very well be "siphoning" water from the same aquifer, also tapped by a neighbouring nation. Inclined and even horizontal drilling further complicates this issue. top Act 446 of the 2001 Legislative Session
created the Ground Water Management Commission
(Commission), and assigned the Office of Conservation to
serve as staff for the Commission. One of the
requirements of the Act 446 is the submission of water
well information to the Commissioner of Conservation by
water well owners 60-days prior to the installation of
new water wells. Domestic and replacement wells are
exempt from notification. The Ground Water Management
Commission has determined that the water well database
already maintained by the Department of Transportation
and Development will be sufficient for the needs
regarding these two types of wells which are defined as
follows: In addition to the abovementioned water wells, the Office of Conservation has been granted authority to waive the 60-day period for just cause on a case-by-case basis. Waiver of the 60-day period does not exempt the owner from the notification requirement. Notice must still be provided by completion of the form provided for that purpose as soon as reasonably possible. A revised Water Well Information Sheet (form GW-01 Revision 3) is at (our website): Please do your best to provide accurate information and include a well location map (a star with an arrow on a portion of the DOTD Parish map or USGS Quad map will suffice). Also, please discard all previous versions of this form. In addition to known water well owners, this memorandum is being distributed to all water well contractors licensed to operate in the State of Louisiana. The Office of Conservation asks your help in informing your customers of these requirements. Please direct questions to: Mr. Anthony J. Duplechin at (225) 342-5528 or Mr. Timothy J. Seiler at (225) 342- 8242. GROUND WATER RIGHTS IN LOUISIANA (from Lousiana Water Summit) There are several groundwater management systems currently used in the United States. They include absolute ownership, reasonable use and correlative rights, and appropriation-permit systems. Under absolute ownership laws, the landowner has the right to capture all the water he wants and use it for whatever purpose he chooses as long as he does not waste the water. There is no legal responsibility for harming his neighbors by drawing water away from their wells. Under “reasonable use” laws, the landowner is allowed to use as much groundwater as he chooses as long as the use is reasonably related to the overlying land. In other words, the water cannot be sold or transported. The correlative rights doctrine realizes that landowners using groundwater from a common pool have common rights and duties with respect to one another. There are two primary rights and duties. One is for the groundwater pool itself, while the other is for the right to potential energy contained in the pool otherwise called the “right to lift”. This doctrine addresses real life water rights disputes because the real issue is almost always about the “right to lift”. Disputes are generally not about whether or not the groundwater exists, but rather whether or not it exists at a shallow enough depth in order to pump without deepening one’s well. Prior appropriation systems determine priority by a ‘first come first serve’ principle. In almost all prior appropriation states, the priority is regulated by a permit system that specifies pumping rates, well spacing, and construction requirements. Prior appropriation systems are generally used in the western states where water is more scarce. Although Louisiana’s groundwater law is not clear, we are generally considered an absolute ownership state. There are only a few instances where groundwater law has been addressed. Article 490 of the Louisiana Civil Code seems to be consistent with the absolute ownership law by stating that a landowner owns everything on, above or below his land. However, in respect to groundwater, the courts have interpreted this article to mean that a landowner does not have absolute ownership, but only owns the water after he has captured it. Article 667 says that although a landowner may do with his estate whatever he pleases, still he cannot harm his neighbor. This Article appears to restrict absolute ownership, but it is questionable as to whether or not this Article can be applied to the use of groundwater. Along with these Articles, the Mineral Code also addresses the ownership of groundwater. The Mineral Code treats groundwater as a mineral and goes along with the court’s interpretation of Article 490 saying that a landowner does not actually own the water below his land but only owns it once he has pumped it out of the ground. As you can see, there is a pressing
need for Louisiana to develop a comprehensive water
management plan in order to clarify water rights for the
users of this state as well as protect this valuable
resource for future users.
Claiborne Parish Watershed District, P.O. Box 266,
Homer, LA 71040 |
Information Ground Water Resources Division |
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