WaterWill there be enough?

Leslie E. Kettren, AICP, PCPLeslie E. Kettren, AICP, PCP

Leroy P. Kettren, PGLeroy P. Kettren, PG

September 29, 2005September 29, 2005

““Making Great Plans: Putting the Pieces Together”Making Great Plans: Putting the Pieces Together”

Upper Midwest Regional Planning ConferenceUpper Midwest Regional Planning Conference

Alexandria, MinnesotaAlexandria, Minnesota

Introduction

Emerging issues in competition for waterEmerging issues in competition for water

Groundwater conflicts increasingGroundwater conflicts increasing

Local government & planners can helpLocal government & planners can help

Need for Public Education ProgramsNeed for Public Education Programs

WATER SUPPLY STRESS IN NORTH AMERICA

Grannemann et al, 2000

Great Lakes Basin

Largest unfrozen Largest unfrozen

freshwater in freshwater in

Western Western

HemisphereHemisphere

Freshwater – not a Freshwater – not a

problem problem

OR IS IT ? !OR IS IT ? !

Water Diversion Issues

Increased Increased restrictionsrestrictions

Turning to Turning to groundwatergroundwater

Waukesha, Wisconsin

Groundwater supply is Groundwater supply is shrinking due to shrinking due to

increased demands of increased demands of developmentdevelopment

*

Communities Communities unlucky unlucky near the near the “divide”“divide”

Green Bay-Fox River Area

Water levels declined 300 ft. in some areas

1957-1990

Saline water“Michigan Basin”

Grannemann et al, 2000

Other saline problem areas

Groundwater Basics

Occurs in pore spaces between grains of Occurs in pore spaces between grains of soil or rock in layers called aquiferssoil or rock in layers called aquifers Zone of Saturation – part of the aquifer Zone of Saturation – part of the aquifer

where all the pore spaces are filled with where all the pore spaces are filled with waterwater

Water Table – top of the zone of Water Table – top of the zone of saturationsaturation

Surface & Groundwater One finite resource - connectedOne finite resource - connected Overuse results in problems with the otherOveruse results in problems with the other Competition will get worse in futureCompetition will get worse in future

Why? Why? Urban growth and sprawlUrban growth and sprawlPeople, golf courses & industry People, golf courses & industry

moving into rural areasmoving into rural areasMoving to where BIG wells areMoving to where BIG wells areMore & more groundwater in demandMore & more groundwater in demand

Groundwater withdrawals

Domestic wells = small wellsDomestic wells = small wells

Groundwater withdrawals

High capacity wells = BIG wellsHigh capacity wells = BIG wells

BIG wells 70 gallons per minute (or more)70 gallons per minute (or more) 100,000 gallons per day100,000 gallons per day

Irrigation – agriculture & golf coursesIrrigation – agriculture & golf courses Quarry dewateringQuarry dewatering Dewatering for major construction Dewatering for major construction

projectsprojects Municipal well fieldsMunicipal well fields Industrial processesIndustrial processes

Affects of BIG wells

Cone of depressionCone may extend Cone may extend

> 1 mile from > 1 mile from wellwell

Property line

HIGH CAPACITY WELL

LOW CAPACITY

WELL

Static level

Radius of influenceDrawdown

Pumping level

Property line

HIGH CAPACITY WELL

LOW CAPACITY

WELL

Static level

Radius of influenceDrawdown

Pumping level

*Provided by Brant Fisher from the MDEQ

Pump

Well Interference

Cone of depression extends into Cone of depression extends into adjacent welladjacent well Can lower water tableCan lower water table Causes well to produce less Causes well to produce less

waterwater Causes well to fail – dry wellCauses well to fail – dry well Causes people to get mad!Causes people to get mad!

!*#@&

Research (Kettren, 2005)

Examined 1316 claim recordsExamined 1316 claim records

1967 – 20041967 – 2004

Indiana, Minnesota, Iowa & MichiganIndiana, Minnesota, Iowa & Michigan

511 no well interference511 no well interference

520 valid claims520 valid claims

285 miscellaneous (water quality, various 285 miscellaneous (water quality, various

concerns/gossip, etc.)concerns/gossip, etc.)

 

TYPE OFHIGH CAPACITY WELLS

 

NUMBER OF CLAIMS

 

PER CENT OF CLAIMS*

Quarries 298 22.6

Agriculture/major crop irrigation 258 19.6

Municipal water works 251 19.1

Construction dewatering 142 10.8

Industrial process 84 6.4

Golf course/non-crop irrigation 70 5.3

Water level maintenance/ miscellaneous

4 0.3

Not recorded 208 15.8

Total 1316 99.9

*Percent of claims does not total 100% due to rounding

PROBLEM

 

NUMBEROF CLAIMS

 

PERCENT OF CLAIMS*

Investigation could not substantiate a decline in water level

249 48.7

Well failure due to problems with affected well itself

141 27.6

Did not record reason for claim rejection 62 12.1

Water level decline due to seasonal fluctuations 19 3.7

Situation not covered under applicable state law 15 2.9

Affected well installed in different aquifer from high capacity well

13 2.5

Affected well not installed to applicable standards 12 2.3

Total 511 99.8

*Percent of claims does not total 100% due to rounding

Saginaw County, Michigan

Population Population growth (1980-growth (1980-2000) caused 2000) caused

water well water well conflictsconflicts

*Saginaw County

Claim Procedures

Step 1Step 1 Contact state regulatory agencyContact state regulatory agency DEQ, DNR, DAGDEQ, DNR, DAG SomeSome states have established procedures states have established procedures

BUTBUT Step 1 - they call YOU! Step 1 - they call YOU! Local government / local plannerLocal government / local planner

People will call you……

People are unaware of state laws & remediesPeople are unaware of state laws & remedies

Turn to local government for helpTurn to local government for help

Planners can serve as Planners can serve as thethe first resource first resource

Prevent well conflict situationsPrevent well conflict situations

Assistance - when conflicts occurAssistance - when conflicts occur

PLANNERS be prepared & knowledgeablePLANNERS be prepared & knowledgeable

What can planners do……….. ConflictsConflicts

Becoming common as people move to rural Becoming common as people move to rural areas where high capacity wells are locatedareas where high capacity wells are located

Many states have enacted laws:Many states have enacted laws: To help resolve conflictsTo help resolve conflicts To provide compensation to homeownersTo provide compensation to homeowners

Protect your water supplyProtect your water supply Become familiar with your state’s lawsBecome familiar with your state’s laws Take some simple precautionsTake some simple precautions

What can planners do………..

Site Plan Review – to prevent problemsSite Plan Review – to prevent problems Make sure new domestic wells are deep Make sure new domestic wells are deep

enoughenough Impacts of BIG wells should be Impacts of BIG wells should be

considered on nearby small wellsconsidered on nearby small wells New domestic wells should be installed New domestic wells should be installed

to state standardsto state standards Public EducationPublic Education

Public Education

Purpose – reduce invalid claimsPurpose – reduce invalid claims ½ cases – state spends time on false ½ cases – state spends time on false

alarmsalarms Homeowners can’t make repairs before Homeowners can’t make repairs before

state investigates state investigates Investigation takes 2-30 daysInvestigation takes 2-30 days

During this timeDuring this timeNo water – a real inconvenienceNo water – a real inconvenience

Education - Well Maintenance

More than ½ well failures due to:More than ½ well failures due to: Problems with affected wellProblems with affected well Not by a nearby high capacity wellNot by a nearby high capacity well

Claims can be prevented by:Claims can be prevented by: Conducting routine maintenanceConducting routine maintenance

Perform periodic inspection & maintenancePerform periodic inspection & maintenance By licensed well drillerBy licensed well driller Remove sediment & clean well screenRemove sediment & clean well screen Check:Check:

depth of pumpdepth of pump condition of pumpcondition of pump pressure tank & filters conditionpressure tank & filters condition condition of treatment equipmentcondition of treatment equipment static and pumping water levelsstatic and pumping water levels

Education - RecommendedWell Maintenance Procedures

Education - When a Well Fails1.1. Hire licensed well driller to inspect wellHire licensed well driller to inspect well

2.2. Notify high capacity well operator & file claim with state agencyNotify high capacity well operator & file claim with state agency

Most operators are willing to settle claimsMost operators are willing to settle claims

Many states have toll-free numbers & claim forms on WebMany states have toll-free numbers & claim forms on Web

3.3. Be prepared to negotiate a settlementBe prepared to negotiate a settlement

4.4. Keep record of expenses:Keep record of expenses:

Cost for well assessment by licensed well drillerCost for well assessment by licensed well driller

Repair and/or replacement costsRepair and/or replacement costs

Cost for properly abandoning existing wellCost for properly abandoning existing well

Cost for temporary water usageCost for temporary water usage

MinnesotaClaim Procedure File complaint with DNRFile complaint with DNR Request a Water Well Information and Request a Water Well Information and

Complaint QuestionnaireComplaint Questionnaire

www.dnr.state.mn.us/waters/watermgmt_section/appropriations/www.dnr.state.mn.us/waters/watermgmt_section/appropriations/index.htmlindex.html

Water Well Informationand Complaint Questionnaire

5 Part Complaint Form5 Part Complaint Form ComplainantComplainant

Part A, well locationPart A, well location Part D, signaturePart D, signature Part E, complaint Part E, complaint

questionnairequestionnaire Licensed Well DrillerLicensed Well Driller

Part B, well constructionPart B, well construction Part C, well conditionPart C, well condition Part D, signaturePart D, signature

All data submittedAll data submittedbecomes public informationbecomes public information

DNR Waters InformationDNR Waters Information1-651-296-48001-651-296-4800

Minnesota Claim Procedure

Licensed well driller inspects wellLicensed well driller inspects well Regional HydrologistRegional Hydrologist

Evaluates complaintEvaluates complaint Determines if investigation is necessaryDetermines if investigation is necessary

InvestigationInvestigation May require aquifer pumping testMay require aquifer pumping test Water levels are measuredWater levels are measured Aquifer test data is analyzedAquifer test data is analyzed Extent of interference is determinedExtent of interference is determined

Minnesota - When Well Interference Conditions Exist

High capacity well operator has 30 days to:High capacity well operator has 30 days to: Request a modification or restriction of permitRequest a modification or restriction of permit

Must provide affected well owner with water supplyMust provide affected well owner with water supply Negotiate a reasonable agreementNegotiate a reasonable agreement Request a public hearingRequest a public hearing

Affected well owner must:Affected well owner must: Be prepared to negotiate a settlementBe prepared to negotiate a settlement Keep record of expensesKeep record of expenses

Well assessment costsWell assessment costs Costs for any repairsCosts for any repairs Cost to properly abandon existing wellCost to properly abandon existing well Cost for temporary water until well is repaired or replacedCost for temporary water until well is repaired or replaced

For Additional Minnesota Information:

Contact the DNR Division of Water :Central Office, St. Paul, MNDNR Waters Information (651) 296-4800

Central Office Fax: (651) 296-0445

http://www.dnr.state.mn.us/waters/watermgmt_section/appropriations/index.html

Michigan DEQ Claim Form

Name, address & phone Name, address & phone numbernumber

Location of wellLocation of well Explanation of well Explanation of well

interferenceinterference Date(s) of well interferenceDate(s) of well interference Evidence that high capacity Evidence that high capacity

well caused failurewell caused failure

““NO WATER” hotlineNO WATER” hotline1-866-709-00191-866-709-0019

www.MDEQ.govwww.MDEQ.gov

MDEQ Well Assessment Form

Completed by Licensed Completed by Licensed Well DrillerWell Driller

Well driller’s name, Well driller’s name, address & phone numberaddress & phone number

Well owner’s name, Well owner’s name, address & phone numberaddress & phone number

Reason for complaintReason for complaint Well driller’s diagnosisWell driller’s diagnosis Suggested correctionsSuggested corrections

Indiana Conflict Resolution

Contact the DNR Division of WaterMailing address for the Division of Water:

Indiana Department of Natural ResourcesDivision of Water402 West Washington Street, Room W264Indianapolis, IN 46204

Phone numbers for the Division of Water:Main office - (317)232-4160 or toll free 1-877-928-3755Fax number - (317)233-4579

Email questions or comments to the Division of water:water_inquiry@dnr.IN.gov

Ohio Well InterferenceClaim Procedures DOES NOT have formal proceduresDOES NOT have formal procedures DNR Division of WaterDNR Division of Water

Conducts technical investigationsConducts technical investigations Prepares reportsPrepares reports

Small capacity well failuresSmall capacity well failures Call Ohio DNR at 1-614-265-6740Call Ohio DNR at 1-614-265-6740 Email to Email to water@dnr.state.oh.uswater@dnr.state.oh.us

Illinois InterferenceClaim Procedures Administered by Department of AgricultureAdministered by Department of Agriculture

County Soil & Water Conservation DistrictsCounty Soil & Water Conservation Districts Applies to only 4 Conservation Districts:Applies to only 4 Conservation Districts:

Kankakee County Kankakee County 1-815-937-89401-815-937-8940 Iroquois County Iroquois County 1-815-432-60551-815-432-6055 Tazwell County Tazwell County 1-309-346-44621-309-346-4462 McLean County McLean County 1-309-452-08301-309-452-0830

Conservation District must investigate complaints Conservation District must investigate complaints within 2 dayswithin 2 days

Wisconsin Well Interference ProceduresNO procedures for investigation of conflicts - NO procedures for investigation of conflicts - unless a municipal water supply is involved.unless a municipal water supply is involved.

For Information ContactFor Information Contact

Wisconsin Department of Natural ResourcesWisconsin Department of Natural Resources

Drinking Water and GroundwaterDrinking Water and Groundwater

101 Webster Street101 Webster Street

Madison, WI 53707Madison, WI 53707

608-266-0821608-266-0821

References

Illinois Legislature, Administrative Code, Title 8; Agriculture and Animals; Chapter I; Department of Agriculture; Part 675, Groundwater Use Guidelines, Illinois legislature, Springfield,

Available at: www.legis.state.il.us/commission/jcar/admincode/008/00800675sections.html Illinois Legislature, Illinois Compiled Statutes, Conservation, Water Use Act of

1983, 525 ILCS 45, Illinois legislature, Springfield, Available at: www.legis.state.il.us/ilcs/ch525/ch525act24.htm

Indiana legislature, Indiana Code 14-25-4, Emergency Regulation of Groundwater Rights, Water Resources Management Act, Chapter 4, Indiana legislature, Indianapolis, Available at: www.in.gov/legislature/ic/code/title14/ar25/ch4.htm

References

Michigan Legislature, Michigan compiled laws, Act 177 of 2003, Part 317, Aquifer Protection and Dispute Resolution, Michigan Legislature, Lansing, Available at: http://www.legislature.mi.gov

Minnesota Department of Natural Resources, 2002, Well interference resolution process, Minnesota Department of Natural Resources, St. Paul, Available at: http://www.dnr.state.mn.us/waters/watermanagement_section

Minnesota Department of Natural Resources, Minnesota Rules, Chapter 6115, Public Waters, Minnesota Department of Natural Resources, St. Paul, Available at: http://www.revisor.leg.state.mn.us/arule/6115

Minnesota legislature, Minnesota statutes, 2004, Chapter 103 G, Waters of the State, Minnesota legislature, St Paul, Available at: http://www.revisor.leg.state.mn.us/statutes/103G

References

Ohio Legislature, Ohio Revised Code Title XV Conservation of Natural ResourcesSection 1521 et seq, Division of Water, Ohio Legislature, ColumbusAvailable at: http://onlinedocs.andersonpublishing.com/oh

Wisconsin Department of Natural Resources, Wisconsin Administrative Code,Chapter NR 812, Environmental Protection – Water Supply, Wellconstruction and Pump Installation, Wisconsin Department of NaturalResources, Madison,Available at: http://www.legis.state.wi.us/rsb/code/nr/nr809.html

Wisconsin legislature, 2003-04, Wisconsin Statutes and Annotation, Chapter 281Water and Sewage, Subchapter III Water Quality and Quantity, Section 281.34 Groundwater withdrawal, Wisconsin legislature, Madison,Available at: http://www.legis.state.wi.us/rsb/Statutes.html

Acknowledgements

The information presented here was compiled as part of research into the regulation of well conflict interference problems in the Great Lakes Basin. The author wishes to acknowledge, and express his appreciation, to those people and agencies who provided information in this research.

The author expresses his special thanks to the Land Grant Colleges’ and Universities’ Great Lakes Regional Water Program for their generous support that allowed this work to continue.

Questions &

Answers

Leslie E. Kettren, AICP, PCPLeroy P. Kettren, PG