Resolving high capacity groundwater withdrawal conflicts in the Great Lakes Basin

High capacity groundwater withdrawal wells have created conflicts between operators of high capacity wells and other water users, including owners of small capacity wells and those with interests in surface water and wetlands. Groundwater withdrawal conflicts and other environmental disputes are often complex and difficult to resolve because they involve not only conflict over scarce resources but also involve the parties' core values and beliefs.;The objective of this study is to develop a management system for resolving well interference conflicts that satisfies the primary goals of conflict resolution. Those goals are to reestablish the water supply to affected wells as soon as possible; to protect high capacity well operators from malicious claims; and to minimize regulatory agency costs in administering the resolution process.;Groundwater laws and administrative rules of 30 Eastern and Midwestern states, the Canadian province of Ontario, and the Delaware and the Susquehanna River Basin Commissions were reviewed to better understand groundwater policy and to identify efficient and equitable management systems for resolving groundwater conflicts. Based on the review of those state laws and policies, the states of Michigan, Minnesota, Indiana and Iowa were selected for a further detailed analysis of well interference conflicts. These states represent different approaches to regulation and resolution of well conflicts. Records of more than 1300 well interference claims were collected, tabulated and analyzed. The analysis provided insight into the causes, investigation methods and resolution of well conflicts.;From that analysis, an alternative system to resolve groundwater withdrawal disputes emerged. The management system proposed here includes a mediator to oversee the process, a public education program to prevent conflict situations, and an ADR-based negotiation process to resolve conflicts that occur.;The management system, based on Alternative Dispute resolution (ADR) techniques and monitored by a state agency acting as a neutral third-party mediator, can encourage mediation, well maintenance and foster voluntary negotiations between high capacity well operators and the owners of affected domestic wells. The system is designed to anticipate and prevent conflicts and to reach voluntary, equitable resolution of conflicts that do occur. The agency's role is seen as one that works to prevent conflicts through education and to facilitate efficient, equitable resolutions to conflicts.;The ADR management system was examined using Cost Effectiveness Analysis. The results showed that the most cost-effective means to equitably resolve well interference claims is using the regulatory agency as the neutral mediator.