The High Plains Aquifer is the largest aquifer in the United States and the major source of groundwater withdrawals in the region. Although regionally abundant, groundwater availability for agriculture and other uses is not uniform across the area. Three separate states comprising the most significant portion of the aquifer have distinct climate and hydrologic characteristics, water law systems, and institutional groundwater governance leading to different concerns about water policy issues across the area.
The northern, largest, and most saturated part of the High Plains Aquifer is located under Nebraska. The state has the largest irrigated area in the United States, most of which is groundwater irrigated. Nebraska is the home of the largest companies in the center pivot irrigation industry. Center pivot technology has had a fundamental role in expanding groundwater-fed irrigation. Nebraska is not free from groundwater depletion issues, but these issues are more important in central and south-central parts of the aquifer underlying large, primarily agricultural, lands of Kansas and Texas. The natural aquifer recharge is much lower in the south-central parts of the region, which has caused large groundwater extractions to have more significant water declines than in Nebraska.
In the United States, the greatest portion of water quantity management regulatory oversight is left to individual states and local government agencies. Each of the three states has a unique legal system, which highly influences the framework of groundwater management locally. In Nebraska, groundwater is governed following two doctrines: correlative and reasonable use, which, in times of water shortage, lead to a proportional reduction of everyone’s allocation. Kansas uses the prior appropriation doctrine to manage groundwater, which applies the seniority principle when there is scarcity in water availability, making junior water rights holders bear the greatest risk. The absolute ownership doctrine is used to govern groundwater in Texas, which allows landowners to drill wells on their property and extract as much water as needed.
Institutional groundwater governance in Nebraska is performed by the system of 23 locally elected Natural Resources Districts having full regulatory power to manage the state’s groundwater. The local governments use a variety of regulatory and incentive-based groundwater management tools to achieve local groundwater management goals. In Kansas, the Chief Engineer in the Kansas Department of Agriculture is in charge of water administration for the state. The Kansas legislature established five Groundwater Management Districts to address groundwater depletion issues, which can make policy recommendations but do not have the power to regulate. Groundwater Conservation Districts were created in Texas to provide protection from uncontrolled water mining in the state. The districts gained more power to regulate and enforce rules over time; however, significant groundwater depletion issues remain.
Multiple lessons have been learned across the region since the beginning of groundwater development. Some of these could be applied in other areas seeking to address negative consequences of groundwater use. Forward-looking perspectives about groundwater management in the region vary from strong government-led solutions in Nebraska to various producer-initiated innovative approaches in Kansas and Texas.
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Groundwater Development Paths in the U.S. High Plains
Renata Rimšaitė and Nicholas Brozović
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Well Construction, Cones of Depression, and Groundwater Sharing Approaches
Fidel Ribera Urenda
The importance of groundwater has become particularly evident in the late 20th and early 21st centuries due to its increased use in many human activities. In this time frame, vertical wells have emerged as the most common, effective, and controlled system for obtaining water from aquifers, replacing other techniques such as drains and spring catchments.
One negative effect of well abstraction is the generation of an inverted, conically shaped depression around the well, which grows as water is pumped and can negatively affect water quantity and quality in the aquifer. An increase in the abstraction rate of a specific well or, as is more common, an uncontrolled increase of the number of active wells in an area, could lead to overexploitation of the aquifer’s long-term groundwater reserves and, in some specific contexts, impact water quality. Major examples can be observed in arid or semi-arid coastal areas around the world that experience a high volume of tourism, where aquifers hydraulically connected with the sea are overexploited. In most of these areas, an excessive abstraction rate causes seawater to penetrate the inland part of the aquifer. This is known as marine intrusion. Another typical example of undesirable groundwater management can be found in many areas of intensive agricultural production. Excessive use of fertilizer is associated with an increase in the concentration of nitrogen solutions in groundwater and soils. In these farming areas, well design and controlled abstraction rates are critical in preventing penetrative depression cones, which ultimately affect water quality.
To prevent any negative effects, several methods for aquifer management can be used. One common method is to set specific abstraction rules according to the hydrogeological characteristics of the aquifer, such as flow and chemical parameters, and its relationship with other water masses. These management plans are usually governed by national water agencies with support from, or in coordination with, private citizens.
Transboundary or international aquifers require more complex management strategies, demanding a multidisciplinary approach, including legal, political, economic, and environmental action and, of course, a precise hydrogeological understanding of the effects of current and future usage.
Article
The Allocation of Groundwater: From Superstition to Science
Burke W. Griggs
Groundwater is a critical natural resource, but the law has always struggled with it. During the 19th and early 20th centuries, the common law developed several doctrines to allocate groundwater among competing users. The groundwater revolution of the mid-20th century produced an explosive growth in pumping worldwide—and quickly exposed the flaws of these doctrines. Legal rules predicated on land and on surface waters could not meet the challenges posed by the common-pool groundwater resource: those of understanding groundwater dynamics, quantifying the impacts of pumping on other water rights, and devising satisfactory remedies. Unfettered by received property restraints, pumping on an industrial, aquifer-wide scale depleted and contaminated aquifers, regardless of doctrine.
The groundwater revolution motivated significant legal developments. Starting in the 1970s, the Supreme Court of the United States adapted its methods for resolving interstate water disputes to include the effects of groundwater pumping. This jurisprudence has fundamentally influenced international groundwater law, including the negotiation of trans-boundary aquifer agreements. Advances in hydrogeology and computer groundwater modeling have enabled states and parties to evaluate the effects of basin-wide pumping. Nonetheless, difficult legal and governance problems remain. Which level of government—local, state, or national—should exercise jurisdiction over groundwater? What level of pumping qualifies as “safe yield,” especially when the aquifer is overdrawn? How do the demands of modern environmental law and the public trust doctrine affect groundwater rights? How can governments satisfy long-neglected claims to water justice made by Indigenous and minority communities? Innovations in groundwater management provide promising answers. The conjunctive management of surface and groundwater can stabilize water supplies, improve water quality, and protect ecosystems. Integrated water resources management seeks to holistically manage groundwater to achieve social and economic equity. Water markets can reward water conservation, attract new market participants, and encourage the migration of groundwater allocations to more valuable uses, including environmental uses.
The modern law of groundwater allocation combines older property doctrines with 21st-century regulatory ideals, but the mixture can be unstable. In nations with long-established water codes such as the United States, common-law Anglophone nations, and various European nations, groundwater law has evolved, if haltingly, to incorporate permitting systems, environmental regulation, and water markets. Elsewhere, the challenges are extreme. Long-standing calls for groundwater reform in India remain unheeded as tens of millions of unregulated tube wells pump away. In China, chronic groundwater mismanagement and aquifer contamination belie the roseate claims of national water law. Sub-Saharan nations have enacted progressive groundwater laws, but poverty, racism, and corruption have maintained grim groundwater realities. Across the field, experts have long identified the central problems and reached a rough consensus about the most effective solutions; there is also a common commitment to secure environmental justice and protect groundwater-dependent ecosystems. The most pressing legal work thus requires building practical pathways to reach these solutions and, most importantly, to connect the public with the groundwater on which it increasingly depends.
