2003 House Bill 4087 ↩

Senate Roll Call 194: Passed

To require the Department of Environmental Quality (or in cases of agricultural wells the Department of Agriculture) to investigate and seek to resolve cases in which the owner of a “small quantity” well, such as the well for a residence, alleges that a nearby “large quantity” well, such as for a commercial or agricultural producer, has diminished his or her well’s normal supply. If the department determines that a large quantity well has caused such a groundwater conflict, this would trigger hearings and other administrative procedures. The department would have the authority to order a temporary reduction of the amount of water removed by the large quantity well, fines of up to $1,000 a day, reimbursement to the state of up to $75,000 in administrative costs, and compensation for neighboring small quantity well owners, including potentially the provision of a new water supply. Somewhat different procedures would apply to conflicts involving high capacity wells used in agriculture or by local governments. The state would be required to establish a state “hotline” to accept complaints regarding possible groundwater conflicts. The bill is tie-barred to Senate Bill 289, which increases fees on large well users, and requires the Department of Natural Resources to develop a statewide groundwater inventory map.