A state-by-state comparison of policies that protect private well users

While the Safe Drinking Water Act allows states and localities to adopt stronger protections for drinking water, state and local requirements concerning private drinking water wells vary dramatically and often do not provide necessary protections for residents who rely on well water.

This paper inventories ten types of policies including laws, regulations, programs, and activities that states have adopted or partaken in to encourage safe drinking water for residential well owners.

To identify categories of private well protections, we conducted a preliminary internet search with key search terms to create an initial list of 10 categories of laws, regulations, programs, and activities (collectively referred to as "policies") that states have taken to protect residential well water quality. To have a private well safety category present, the law, regulation, program, or activity must fit within the scope of the ten classifications. To limit the breadth of our search, we excluded local and county protections, as well as activities by non-governmental organizations. We also excluded basic construction standards for new wells and licensing standards for well drillers, both of which are covered under a previous study. We conducted an additional internet search to complete a comprehensive review of each state and category and to validate our previous findings. In addition to this internet search, we completed phone and email outreach to the state agencies implementing the well safety categories identified in our internet search to confirm our results.

The results indicate a wide range of state-based well water protections. The number of residential well water protections present in each state ranged from 8 policies in Iowa, Kentucky, and Maine to 1 policy in Oklahoma, with a median of 5 policies across the 50 states.

This paper examines protections that states have implemented to safeguard residential well water quality and to protect the health of people who rely on well water. This research reviews state-level regulations, laws, and programs, as opposed to local, municipal, county-level, or quasi-governmental protections for residential well owners. Residential well policies were examined across ten categories. Without any protections at the federal level, this research reveals gaps in state regulation and demonstrates the need for broader adoption of comprehensive state-level policies to better protect residential well owners from drinking water contaminants and their associated public health impacts.