Developments in Groundwater Law

Several legislatures and courts have made partial responses to the legal and technological deficiencies found in state groundwater management by the National Water Commission. The problem areas identified emphasize the need for comprehensive state water legislation which integrates the management of surface water and groundwater, for increased regulation of well drilling and groundwater "mining," and for elimination of legal obstacles to the transfer of groundwater rights from one use or user or place of use to another. This commentary is an outline of the more important recent legislative and judicial action which may help shape future groundwater legislation as long-standing problems are confronted. A recent report to Congress by the General Accounting Office and the ongoing water resources policy studies specify many of the problems and call attention to various methods for solving them.