AMa Withdrawal Limits and a New Irrigation Demand
A grower in an Active Management Area wants to drill a new 600-foot irrigation well to expand from 80 to 140 acres of a water-intensive crop. The grower already has two wells and an assured water supply determination for the original 80 acres. The grower believes the new well is fine because 'the water is under my land.' The driller knows the AMA has withdrawal limits, a groundwater code, and that expansion may require additional approvals. The grower pressures the driller to start immediately because planting season is close. The driller must decide what to verify before filing the NOI and drilling.
1. Is the grower's assumption that the water under the land is freely available correct in an AMA?
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No. In an Active Management Area, groundwater withdrawal is regulated, and the grower's rights are not unlimited simply because the water lies beneath the parcel. Expanding irrigated acreage from 80 to 140 acres likely requires additional approval, and the existing assured water supply determination covers only the original 80 acres. The driller should not rely on the grower's assumption. Before filing the NOI, the driller should confirm the grower has the necessary authorization for the expanded use and that the new well fits within applicable withdrawal limits. Drilling first and seeking approval later risks an unpermitted well and enforcement against both grower and driller.
2. What should the driller verify before filing the NOI and starting the well?
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The driller should verify: the grower's water-rights status and whether the expanded acreage is authorized; whether an amended or new assured water supply determination is needed for the additional 60 acres; whether the new well's proposed depth and pumping are consistent with the AMA's withdrawal limits and any applicable management plan; and that the NOI accurately describes the well, location, and depth. The driller should also confirm the grower has addressed any required permits or approvals from the AMA or state. Only when the paperwork supports the expanded use should the driller file the NOI and mobilize. A short delay for verification is far cheaper than an enforcement action.
3. The grower says to 'drill first and sort out the AMA later.' How should the driller handle this, and what are the consequences of proceeding?
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The driller should decline to proceed until the authorization is in place. Drilling a well for an unapproved expansion can result in the well being deemed unpermitted, enforcement penalties, required remediation, and potential loss of the investment in the well. It also exposes the driller to liability for drilling without proper authorization. The driller should explain the AMA framework plainly to the grower, offer a realistic timeline, and document the advice given. If the grower insists, the driller should not file a misleading NOI or drill on an assumption. Protecting the grower from a costly mistake and protecting the driller's own record are both served by waiting for the approvals.