Role of Federal/State/Local Governments in Ground Water Protection
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SUBJECTS: Ground water protection/aquifer protection/land use control/ground water standards/federal legislation
AUDIENCE: Legislators/governmental officials/environmental organizations/industry/general public
BACKGROUND: Ground water is a vast resource that underlies the earth's surface. Nearly half of the U.S. population uses ground water for their drinking water source, including virtually all rural residents. In addition, ground water provides much of the water used for irrigation and for industry. On average, about 40 percent of the annual streamflow in the United States is comprised of ground water seepage, although in some areas more than three fourths of the average streamflow, including virtually all fair weather flow, comes from ground water seepage into streambedsGround water conditions vary widely among regions based on differences in geology, climate, and topography. Ground water use varies with the demand of the local population and industrial and agricultural requirements.
Several federal statutes have ground water components, although no single federal statute has been enacted to comprehensively address ground water quality protection. The U.S. Environmental Protection Agency, the U.S. Geological Survey, and the U.S. Department of Agriculture have the primary responsibility for ground water activities at the federal level
States have traditionally regulated water withdrawals and the permitting of water wells. The states have generally been the first to regulate activities which could adversely impact ground water, Virtually all the states have either developed ground water quality protection policies or are formulating or revising such policies.
Local government has traditionally controlled land use - a most important tool in managing ground water. Local government is closest to the people experiencing ground water problems (which by their nature are usually limited in areal extent) Many local governments have enacted ordinances addressing ground water quality.
ISSUE: Who should be responsible for ground water quality protection?
POSITION: It is the position of the National Ground Water Association (NGWA) that a coordinated approach by all levels of government, federal, state, and local, is needed to effectively protect and manage ground water quality. Assignment of ground water quality management responsibilities must be based on the particular strengths of each governmental level and the nature of the resource.The federal government's role should be one of research, technology transfer, and funding assistance. There is no need for enactment of comprehensive federal ground water regulatory legislation at this time.
States have traditionally managed water development including regulating drillers, well construction and decommissioning, and water withdrawals. Such state efforts should continue to be encouraged and promoted. States should determine the level of protection afforded to ground water. This level may vary with the use and value of the resource.
Local governments control land use, which is an essential element in protecting ground water and preventing inappropriate uses of sites where the potential for exposure to wastes and/or contaminated ground water exists. Federal and state ground water protection and management efforts should recognize the need for land use controls and coordinate ground water management with local governments.
CONTACT: Chris Reimer, NGWA, 800/ 551-7379
REFERENCES: The Urban Institute, State Management of Groundwater: Assessment of Practices and Progress, 1989, p. 2.U.S. Geological Survey, National Water Summary 1986, p. 3.
DATE: Adopted by the National Ground Water Association Board of Directors May 4, 1990. NGWA issue briefs are updated as needed to reflect changes in information. Technical amendments February 4. 1992. Reformatted February 1996.
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Last Updated November 26, 1997
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