2018 House Bill 5657

Replace right to reasonable groundwater use with requiring government permission

Introduced in the House

Feb. 28, 2018

Introduced by Rep. Yousef Rabhi (D-53)

To establish that groundwater is a “public trust.” This would repeal the current legal doctrine that gives the owner of real property a property right to the reasonable use of groundwater, to the extent this does not diminish the ability of neighboring property owners to obtain water. Instead, the use of ground water would be conditional, subject to state approval and regulation. The current “riparian” water use doctrine is the norm east of the Mississippi River, but not in arid states of the west.

Referred to the Committee on Natural Resources