Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities into Sources of Power During and after Environmental Crises

33 Pages Posted: 8 May 2024

See all articles by Sarah Matsumoto

Sarah Matsumoto

University of Colorado Law School

Date Written: April 1, 2024

Abstract

Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater is often the only available source of drinking water, making protection of groundwater quality in these regions a paramount concern.

Mirroring the various state regulatory approaches to groundwater management and protection, much of the recent media coverage of groundwater in the West focuses on water allocation (water quantity) issues. I seek to complement that conversation by focusing specifically on a type of legal tool purportedly designed to improve groundwater quality. This Article examines state-created groundwater management areas and committees and explores the opportunities and limits of their function. I argue that in order for GWMAs to fulfill their statutory objectives of restoring groundwater quality, their associated Committees must (1) include more representation from non-industry members of the community, including any affected local Tribes, (2) be authorized to provide essential response services, including the installation of groundwater monitoring wells, free testing of residential drinking water, and distribution of reverse osmosis systems or a clean water alternative, (3) be subject to close state oversight and provide oversight of the state actors, including potential termination when certain conditions are met.

Keywords: groundwater, drinking water, environmental law, mutual aid, disaster, rural, states

Suggested Citation

Matsumoto, Sarah, Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities into Sources of Power During and after Environmental Crises (April 1, 2024). University of Missouri-Kansas City Law Review, Vol. 92, No. 4, 2024, U of Colorado Law Legal Studies Research Paper 24-17, Available at SSRN: https://ssrn.com/abstract=4796682

Sarah Matsumoto (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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