Environmental Engineering Reference
In-Depth Information
surface waters (e.g., rivers and streams). The provisions of the Water Right
Determination and Administration Act of 1969, as modified since original
enactment, govern the use of natural stream waters including tributary
ground water.
Because tributary aquifer ground water is contained in an aquifer that is
directly connected to the local stream system, generally the water table in
such an aquifer is relatively shallow. On the other hand, deep aquifer ground
water is not so directly connected to the surface stream system (i.e., non-
tributary ground water is more likely to be deep aquifer ground water). A
site using non-tributary ground water may better meet the needs (i.e., head
requirements) for an aquifer UPHES system. Other advantages are associ-
ated with the non-tributary regulatory scheme, for example, the manner in
which water rights are allocated and the accounting mechanisms for water
use. Because an aquifer UPHES will put water to new and different use, a
change of water right may need to be undertaken for both tributary and non-
tributary ground water. An application for a change of water right may have
to be pursued through the relevant water court.
Another question that arises is whether a storage right must be obtained
for the surface impoundment. Because an aquifer UPHES will utilize water
by storing it in a surface impoundment for later use rather than putting it
to direct use (such
as for irrigation), the installation may require a storage
right.
If well equipment must be modified to accommodate an aquifer UPHES
system, a new well permit may be necessary. Further, well construction
requirements pursuant to federal laws and regulations may apply to re-
injection of water into underground sources. Underground injection permit-
ting will be required for an aquifer UPHES system.
The U.S. Environmental Protection Agency (EPA) regulates water re-
injection back into aquifers and water sources and also regulates and enforces
water quality issues. The drainage of water from a surface impoundment
down to an underground source or aquifer is subject to regulations regard-
ing water quality. Class V injection well requirements under the federal Safe
Drinking Water Act (SDWA) apply. Protection of other water rights, includ-
ing the quality of water of that right, is required.
Because of ground water contamination occurrences in the 1960 and 1970s
resulting from underground injection, Congress passed the SDWA in 1974.
Part C of the act required EPA to establish a system of regulations for injec-
tion activities (42 USC §§300h et seq.). The regulations establish minimum
requirements for controlling all injection activities and provide mechanisms
for implementation and authorization of enforcement authority along with
protection for underground sources of drinking water.
Historically, the SDWA has applied to water returned to an under-
ground source through aquifer recharge or aquifer storage recovery (ASR)
wells. However, based on the definition of “well” and the lack of applicable
