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Groundwater Protection
A Selected Bibliography
Bibliography Series No.
October 1985
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GROUNDWATER PROTECTION
A SELECTED BIBLIOGRAPHY
BIBLIOGRAPHY SERIES NO. 5
OCTOBER 1985
THIS BIBLIOGRAPHY IS THE FIFTH OF A
SERIES OF SELECTIVE BIBLIOGRAPHIES ON
VARIOUS TOPICS OF INTEREST TO DEPART-
MENT OF JUSTICE ATTORNEYS AND SUPPORT
PERSONNEL. EACH BIBLIOGRAPHY WILL BE
PREPARED BY A MEMBER OF THE JUSTICE
DEPARTMENT LIBRARY STAFF. THIS BIBLIOG-
RAPHY WAS COMPILED AND PREPARED BY NED
WOLFF OF THE LAND AND NATURAL RESOURCES
DIVISION LIBRARY.
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GROUNDWATER PROTECTION BIBLIOGRAPHY
Groundwater protection has been a subject of growing
interest since the late 1970's. In the beginning of that decade
the focus of environmental protection was on the obvious problems
of surface water and air pollution while groundwater deficiencies
went largely unnoticed.
Today groundwater is no longer viewed as an inviolable and
unlimited resource as an awareness of the problems of accessibil-
ity and contamination has increased. The vital importance of
groundwater is underscored by the fact that it is a source of
drinking water for approximately half the population of the
United States.
This selected bibliography consists of four sections. Sec-
tion I contains material on groundwater written from a legal
perspective. Items in this section focus on the evolving role of
the law in protecting, conserving, and managing groundwater
resources in the United States. Much of this material contains
primary information on groundwater hydrology for those who are
unfamiliar with the subject. Section II includes material on
groundwater hydrology written from a scienti fic / technica I
viewpoint. This material ranges from introductory texts to
complex studies that utilize ma thcmatical or computer mode Is to
predict levels of groundwater consumption or contamination. Some
of these items also include law related information such as
local, state, and federal regulations affecting groundwater
use. Materials within Sections I and II are listed by
type: Treatises, Articles, Bibliographies, and a Directory. Sec-
tion III lists recent federal cases involving the groundwater
issue. Finally, Section IV enumerates federal legislation which
effects the protection of groundwater.
This bibliography represents only those materials examined
by the bibliographer and is not exhaustive in scope. All items in
Sections I, II, and III are annotated. The Land and Natural
Resources Library call number has been added to the citations of
materials contained in that collection.
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TABLE OF CONTENTS
Section I Legal Materials
Treatises 1
Articles 6
Section II Technical Materials
Bibliographies 22
Directory 22
Treatises 23
Ar t i c les 29
Section III Federal Cases 33
Section IV Federal Legislation 35
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GROUNDWATER PROTECTION BIBLIOGRAPHY
Compi Ied by Ned Wo If f
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Section I Legal Materials
Treat i ses
Aiken, J. David. Evaluation of Legal and Institutional
Arrangements Associated with Groundwater Allocation in the
Missouri River Basin States. Lincoln, Nebraska: Nebraska Water
Resources Center, 1984. 88p.
"This report evaluates groundwater law and the related
administrative practices of the ten Missouri River Basin states
relative to the following groundwater allocation issues:
1)acquisition of groundwater rights; 2)noneverIying uses of
groundwater; 3)well interference conflicts; 4Dgroundwater
depletion; 5)surface groundwater conflicts and 6)groundwater
quality."
Bird, Judy Campbell. Groundwater Protection: Emerging Issues and
Policy Challenges. Wa shington, D.C.: Envir onme ntal and Energy
Study Institute, 1985. 42p.
Part one of this two part report discusses the background of
groundwater use, its special natural characteristics, and the
extent and causes of groundwater contamination. Part two details
the options available for a national groundwater policy.
Burke, Kenneth J., Cummings, Ronald G. and Muys, Jerome
C. Interstate Allocation and Management of Nontributarv Ground-
wa t e r . Denver, Colorado: Western Governors Association, 1984.
168p. Lands KF 5575 B87 1984.
This report "describes the physical, economic, and legal
principles and realities that must be considered in interstate
management of shared aquifers." Contains economic and water bib-
liographies as well as illustrations.
Comptroller General of the United States. Report to the Congress
Ground Water Overdrafting Must Be Controlled. Wa shington, D.C.:
United States Genera I Accounting Office, 1980 . 52 p.
This report deals with the overdrafting of groundwater and its
attendant problems. The legal and physical obstacles and methods
of dealing with these problems are discussed. Recommendations to
the Congress are made.
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Coping with Federal Water Policy Changes: Proceedings of the New
Mexico Resources Research Institute Symposium; Albuquerque. New
Mexico; November 10. 1982. Las Cruces, New Mexico: New Mexico
Resources Research Institute, New Mexico State University, 1983.
81p.
This report consists of a series of discussions by represent-
atives of several federal agencies, officials from the New Mexico
state government, university professors, and students. The focus
is on the shifting burden of financial responsibility for water
resources management and the states' response to the "New
Federal i sm."
Environmental Protection Agency. Office of Ground Water
Protection. Ground-water Protection Strategy. Washington. D.C.:
United States Environmental Protection Agency, 1984. 56p.
Lands GB 1025 .G76 1984
The three major sections of this report discuss the nature and
extent of groundwater contamination in the United States; who is
responsible for protecting groundwater; and the EPA's strategy to
protect groundwater. Includes footnotes and appendices.
Environmental Protection Agency. Water Planning Division.
Groundwater Protection: A Water Quality Management Report.
Washington, D.C.: United States Environmental Protection Agency,
1980. 36p.
This report takes a broad look at a variety of groundwater
problems and issues. Brief essays on the Resource Conservation
and Recovery Act, the Safe Drinking Water Act, and pioneer
protection programs are included.
Getches, David H. Water Law in a Nutshell. St. Paul, Minnesota:
West, 1984. 439p.
"This book states the general rules that apply within major
systems of water law and attempts to give examples of special
rules, applicable in particular states." Includes chapters on
Riparian rights, prior appropriation, groundwater, and inter-
state allocation.
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Goldfarb, William. Water Law. Boston: Butterworth, 1984. 233p.
This book is described by the author as a handbook on water law
for non-lawyers as well as an introduction to water law for mem-
bers of the legal profession. Contains substantial material on
groundwater quality, classification, and discharge.
Henderson, Timothy R.; Trauberman, Jeffrey and Gallagher, Tara.
Groundwater: Strategies for State Action. Washington. D.C.:
Environmental Law Institute, 1984. 353p.
This book is considered "a primer for citizen groups, business
leaders, and state and local officials concerned with drafting
a groundwater policy for their region." It contains material on
the primary role of the states, state policies and management
strategies, protection requirements, and completing a state
groundwater program.
National Workshop on Ground Water and Energy Production, Albu-
querque, New Mexico, 1980. Ground Water and Energy: Report of
the United States Department of Energy's National Workshop/ pre-
pared by Harbridge House, Inc.; Frank Osterhoudt, DOE Project
Manager- Washington, D.C.: United States Department of Energy,
Office of Technology Impacts, Environmental Impacts Division,
1980. 21p. Lands GB 1001.2 .N37 1980
Separate working groups chosen for their expertise examine three
areas: ground water supply, conflicts and barriers to its use,
and alternatives or solutions to the various issues. "This report
summarizes information and insights gained ... during the course
of the wo r k s hop."
State. County. Regional, and Municipal Jurisdiction of Ground-
Water Protection: Proceedings of the Sixth National Ground-Water
Quality Symposium. United States Environmental Protection Agency
and National Water Well Association-Cosponsors. Worthington,
Ohio: National Water Well Association, 1983. 318p.
This compilation of papers attempts to "define the roles of non-
federal government agencies charged with the protection of
ground-water resources and to assist those agencies in develop-
ing meaningful ground-water management strategies and programs."
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State of the States: Water Resources Planning and Management
Groundwater Supplement. Washington. D.C.: Water Resources
Counc i I , 1981.
This report is a handy guide to ground water management and
protection in the fifty states and five territories. Infor-
mation is presented in both a comparative matrix form as well
as in a more detailed explanatory form. Includes appendices of
state groundwater contacts, statutes, and administrative
responsibi I i ty.
Teclaff, Ludwik A. and Utton, Albert E. International Groundwater
Law . London: Oceana, 1981. 490p.
This volume contains eight essays on various aspects of
international groundwater law. Also included are treaties which
involve groundwater use, protection, and development.
United States Congress. Office of Technology Assessment. Protect-
ing Our Nation's Groundwater from Contamination. Wa s h i n g t o n ,
O.C.: U.S. Government Printing Office, 1984. 503p. in 2 volumes.
Lands GB 1003 .P76 1984
This is a report on existing groundwater contamination problems
in the United States and the efforts (both federal and state) to
correct these problems. "The structure of the study evolved
around the concept of protecting groundwater quality ... though
the details focus on the detection and correction of existing
problems." Illustrated with photos, charts, and graphs. Includes
index and appendices.
United States General Accounting Office. Report to the Chairman,
Subcommittee on Commerce, Transportation, and Tourism. Committee
on Energy and Commerce. House of Representatives. Federal and
State Efforts to Protect Groundwater. Washington. D.C.: U.S.
Government Printing Office, 1984. 80p.
Lands TD 403 .U502 F4 1984
This report examines "(1) the nature and scope of present and
future groundwater contamination problems, (2) state and federal
authority and resources to deal with groundwater on a comprehen-
sive basis, and (3) the nature of the federal role in
formulating, administering, and supporting a national groundwater
protection strategy." Includes a list of publications dealing
with groundwater contamination.
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United States Library of Congress. Environment and Natural
Resources Policy Division. Resource Losses from Surface Water.
Groundwater. and Atmospheric Contamination; A Catalog: a report/
prepared by the Environment and Natural Resources Policy Division
of the Congressional Research Service at the Library of Congress
for the Committee on Environment and Public Works, U.S. Senate.-
Washington, D.C.: U.S. Government Printing Office, 1980. 246p.
Lands TD 423 .U53
The groundwater section of this report catalogs 128 case
histories of groundwater pollution. The section is subdivided
by type of contaminant. Each case is broken down by location,
contaminant, source of contaminant, and background. Many cases
discuss the "effect on the environment and remedial action and
effectiveness."
University of Colorado. School of Law. Natural Resources Law
Center. Natural Resources Law Short Course C4th:1983). Ground-
water: Allocation. Development, and Pollution. Boulder, Colorado
The Center, 1983. 366p. Lands KF 5569 .A2 N28 1983
This three ring binder contains a series of speeches and discus-
sions by leading authorities in the field of groundwater. Both
legal and scientific/technical perspectives are covered in
sixteen separate sections. Illustrated, with an excellent
glossary of te cms.
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Law Articles
Aiken, J. David. "Ground Water Mining Law and Policy," 53
University of Colorado 505-528 (1981-82).
An increase in groundwater use for irrigation has led to ground-
water mining in a number of western states. Groundwater mining
results when more groundwater is withdrawn from an aquifer than
is replaced by natural processes. This article contains sections
on the physical, economic, and legal effects of groundwater
mining, Western States' water law regulations, supply augmenta-
tion, and policy alternatives.
Aiken, J. David. "Nebraska Ground Water Law and Administration,"
59 Nebraska Law Review 917-1000 (1980).
This detailed article addresses the subject of groundwater in
three parts. Part one deals with the conflicts and theories of
Western States' groundwater rights law. Part two is a treatment
of the historical and technological factors that have had an
impact on the development of Nebraska groundwater law. The final
part deals with current Nebraska groundwater law and considers
ideas for future groundwater law and policy.
"Allocation of Ground Water after Sporhase v. Nebraska ex re I
Douglas: A Proposal for Combined Federa I-State Regulation,"
48 Albanv Law Rev i ew 494-520 (1984); Note.
This note analyzes current federal and state groundwater law
and the effect of the commerce clause on state regulation of
groundwater. The Supreme Court case Sporhase v. Nebraska is dis-
cussed along with its impact on future groundwater legislation.
A combined federa I-state groundwater management plan is proposed.
Aim, Alvin L. "EPA's Ground-Water Protection Strategy," 10 EPA
Journal 3-4 (July/August 1984).
The major components of the EPA's groundwater protection strategy
are examined by the EPA Deputy Administrator.
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"The Application of Federal Reserved Water Rights to Groundwater
in the Western States," 16 Creighton Law Review 781-813
(1982-83); Comment.
This comment examines the interrelationship between surface water
and groundwater and discusses the application of federal reserved
water rights to groundwater.
Babbitt, Governor Bruce (D-Arizona). "From the States' Point of
View," 10 EPA Journal 11-13 CJuly/August 1984).
Methods of groundwater protection from the perspective of the
states are offered by the governor of Arizona.
Ballew, Walter W. "Groundwater Laws: Opportunities for Management
and Protection," 75 Journal of the American Water Works
Assoc i at i on 280-287 (1983).
Both federal and Georgia state laws that apply to groundwater
protection are examined in this article. "The findings of this
prototype case study could be applied in many states to coordin-
ate and enhance groundwater protection ... "
Burke, Kenneth J. and Kulasza, Kathleen M. "Artesian Power! How
to Prepare for the Coming Groundwater Revolution," 28 'Rocky
Mountain Mineral Law Institute 1345-1408 (1982).
This article covers a wide range of material in a comprehensive
manner. Sections contain information on characteristics of arte-
sian water, a historical perspective of artesian rights, injury
issues and legal responses, rights to nontributary water beneath
federal lands, and exportation.
Carter, Karen B. "Groundwater Contamination: A Pound of Preven-
tion," 56 Journal of the Water Pollution Control Federation 810-
814 ( 1984) .
This article discusses federal legislation that concerns specific
types of groundwater contamination. EPA's role in protecting
groundwater is also examined.
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Chanoux, Judith K. "Groundwater Protection on the Local Level:
Integrating the Fragments of Regulations," 96 Journal of the New
England Water Works Association 310-321 (19823.
This speech outlines a number of methods to protect groundwater
that a local government may undertake. The groundwater protection
program of Concord, Massachusetts illustrates the "integrating
the fragments of regulation approach."
Clark, Robert Emmet. "Overview of Groundwater Law and Institu-
tions in United States Border States," 22 Natural Resources
Journal 1007-1015 C1982D.
Basic differences in groundwater law in the border states of
Texas, California, New Mexico, and Arizona are discussed.
"Commerce Clause Curbs State Control of Interstate Use of Ground
Water: City of El Paso v. Reynolds," 24 Natural Resources Journal
213-220 C1984D; Note.
This note analyzes the effect of the Supreme Court case Sporhase
v. Nebraska and other water and interstate commerce cases on this
Federal District Court of New Mexico case.
Connall, Desmond D. "A History of the Arizona Groundwater Manage'
ment Act," 1982 Arizona State Law Journal 313-344 C1982D.
This article describes the background of events that laid the
groundwork for this "most comprehensive groundwater code in the
nation." The preparatory work, draft report, and final negotia-
tions of the Arizona Groundwater Study Commission are treated in
considerable detail.
"The Constitutionality of the Kansas Groundwater Antiexportation
Statute," 31 University of Kansas Law Review 429-450 C1982-83D;
Commen t.
This comment focuses on cases involving the commerce clause and
state control of natural resources. Included are sections on the
Supreme Court decision Sporhase v. Nebraska and the effect of
this decision on the Kansas groundwater statute. The author con-
siders the Kansas statute to be in violation of the commerce
clause.
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"District Management for California's Groundwater," 11 EcoIoqy
Law Quarterly 373-400 (1983-84); Comment.
This comment "discusses the development and current status of
groundwater law in California, analyzes the options available for
managing groundwater resources, and recommends the creation of a
statewide program of local groundwater management authorities to
regulate California groundwater."
Doyle, Mary. "The Transportation Provisions of Arizona's 1980
Groundwater Management Act: A Proposed Definition of Compensable
Injury," 25 Arizona Law Rev i ew 655-670 (1983).
This article (a) " reviews caselaw which led to the adoption of
the transportation provisions of this act, (b) describes relevant
sections of the Act and (c) defines compensable injury in light
of caselaw and based on relevant sections of the Act."
DuMars, Charles T. "New Mexico Water Law: An Overview and
Discussion of Current Issues," 22 Natural Resources Journal 1045-
1064 (1982).
The doctrine of prior appropriation is defined with an example of
how it operates. The role of the state engineer as chief water
administrator is described in detail. Contains numerous charts
and maps.
Dycus, J. Stephen. "Development of a National Groundwater
Protection Policy," 11 Boston College Environmental Affairs Law
Rev Jew 211-271 (1984).
The five major tenets of the proposed Reagan EPA pol icy to
protect groundwater are examined. The author considers the pro-
posed plan flawed and offers proposals of his own. Federal legis-
lative programs affecting groundwater are also discussed.
Eikenberry, Ken. "Groundwater Quality: The Next Regulatory
l,s sue," 10 EPA Journal 12-14 (March 1984).
A brief article by the Attorney-General of Wisconsin. State and
federal responsibilities for groundwater protection are discuss-
ed.
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"Environmental Law: State ex rel. Douglas V. Sporhase: Public
Ownership of Ground Water," 15 Creighton Law Review 263-271
( 1981-82) ; Note.
The facts of this case and the holding by the Nebraska Supreme
Court are considered in this note. The court's position on the
commerce clause is questioned in the analysis of the case.
Fahey, Richard P. and Denbow-Hubbard, Stefania. "Groundwater Law
in Ohio Past and Future: A Proposed Legislative Solution to Past
Problems and Future Needs," 14 Capital University Law Review 43-
80 ( 1984) .
The development of water law in Ohio is treated in detail in this
article. Methods to protect groundwater through a comprehensive
program are discussed. State and federal authority in groundwater
management are examined through an analysis of the Supreme Court
case Sporhase v. Nebraska and other cases.
"Federal Intervention in Groundwater Regulation: Sporhase v.
Nebraska ex rel Douglas," 18 Tulsa Law Journal 713-722 C1982-
83) ; Note.
This note analyzes the Supreme Court decision Sporhase v.
Nebraska and discusses its effect on state groundwater reg-
ulation in relation to interstate transfer of groundwater.
Ferland, Roger K. "The Protection of Groundwater Quality in the
Western States- Regulatory Alternatives and the Mining Industry,"
29 Rocky Mountain Mineral Law Institute 899-976 C1983,).
This is a very detailed four part article. Part one examines the
impact of the mining industry on the quality of groundwater. Part
two analyzes the limitations of existing common law and federal
remedies for groundwater pollution. Part three is concerned with
the elements that make up a groundwater protection program. The
final part outlines the main points to take into account when
formulating a comprehensive groundwater protection program.
10
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Getches, David H. "Controlling Groundwater Use and Quality: A
Fragmented System," 17 Natural Resources Lawyer 623-645 (1985).
This article, adapted from a speech given at a groundwater work-
shop, addresses some of the current problems in groundwater leg-
islation: (1) laws that fail to note the relationship between
groundwater and surface water, (2) laws that do not deal with the
"mining" of groundwater (use of groundwater which exceeds the
natural ability to recharge) and (3) a lack of coordination
between Federal and state water laws.
Grant, Douglas L. "Reasonable Groundwater Pumping Levels under
the Appropriation Doctrine: The Law and Underlying Economic
Goals," 21 Natural Resources Journal 1-36 (1981).
This article explores "from historic and cost-benefit perspec-
tives, the economic goals underlying or associated with reason-
able groundwater pumping levels under the appropriation doc-
trine." A background in hydrology and provisions of various
pumping levels statutes are treated.
Grant, Douglas L. "Reasonable Groundwater Pumping Levels under
the Appropriation Doctrine: Underlying Social Goals," 23 Natural
Resources Journal 53-75 (1983).
This article attempts to "identify and illuminate the issues in-
volved in pumping level decisions." Such economic concepts as
distributional preferences, equality of distribution, and merit
goods are explained.
"Ground Water: Louisiana's Quasi-Fictional and Truly Fugacious
Mineral," 44 Lou i s i ana Law Rev i ew 1123-1148 (1984); Note.
Groundwater is defined in both a hydrologic and legal sense. Some
problems in Louisiana groundwater law are revealed through the
examination of a case heard by the Louisiana Court of Appeals.
The five approaches to groundwater law in the United States are
exam i ned.
"Ground Water Preferences in Nebraska," 59 Nebraska Law Review
831-857 (1980)i Note.
This note discusses the Nebraska Supreme Court case Prather v.
Eisenmann and its impact on Nebraska groundwater law. In this
case the rule of reasonable use is abandoned for the first time
in favor of the doctrine of preferential use. The analysis
contains sections entitled: The Burden of Proof and Groundwater
Hydrology and History of Nebraska's Groundwater Allocation
Sys t em.
1 1
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"Groundwater: A Call for a Comprehensive Management Program,"
14 Pacific Law Journal 1279-1307 (1983D; Comment.
Lacking a comprehensive groundwater management program, the state
of California has left control to local authorities and the
courts. This comment examines the inadequacies of this method and
proposes a comprehensive groundwater management program.
"Groundwater Rights on Public Land in California," 35 Hastings
Law Journal 1007-1039 C1984); Note.
This note (1) discusses the Federal government's power to
regulate water use on government land, (2) defines the effect of
California law on the extraction of groundwater on public land
and C3) outlines groundwater rights on public lands.
Hayton, Robert D. "The Ground Water Legal Regime as Instrument of
Policy Objectives and Management Requirements," 22 Natural
Resources Journal 119-137 C1982J.
A general description of the world's groundwater situation, laws,
and recent legislation. Also includes sections on management and
socio-economic issues.
Higdon, Philip R. and Thompson, Terence W. "The 1980 Arizona
Groundwater Management Code," 1980 Arizona State Law Review 621-
67 1 .
This analysis features material on the historical background of
Arizona groundwater law, a summary of the 1980 code, Arizona
groundwater management, and Arizona groundwater rights. An appen
dix contains maps of management areas established by the 1980
code .
Hileman, Bette. "RCRA Groundwater Protection Standards,"
18 Environmental Science and Technology 282A--284A (1984).
This article comme nts on an April, 1984 memorandum by the Office
of Technology Assessment which criticizes RCRA regulations for
inadequately protecting groundwater.
12
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Hoberg, Allen C. "The Nature and Extent of Groundwater Management
and Groundwater Problems: A Survey," 4 Agricultural Law Journal
404-442 C1982-83).
The groundwater management policies of Arizona, Arkansas,
California, Colorado, Minnesota, Nebraska, North Carolina, North
Dakota, Texas, and Virginia are examined in this article. These
states are representative of the three main categories of ground-
water management policies: (1) non-management, (2) property
rights-institutionaI approach, and (3) administrative-public
management approach.
Hopping, Wade L. and Preston, William D. "The Water Quality
Assurance Act of 1983-Florida's "Great Leap Forward" into Ground-
water Protection and Hazardous Waste Management," 11 FIo rIda
State University Law Review 599-641 (1983-84).
The introduction to this article deals with the background lead-
ing to passage of what is considered to be Florida's "most impor-
tant environmental law passed ... during the last ten years."
Other sections of the article summarize primary provisions of the
act, details of funding, and future regulatory activity.
Home, Amy. "Groundwater Policy: A Patchwork of Protection,"
24 Env i ronment 6-11 (1982).
Federal statutes which affect groundwater are outlined and
described. Also included are brief summaries of the states' role
in groundwater protection and the EPA's groundwater protection
strategy. Proposals are made for changes in future legislation.
"Indian Claims to Groundwater: Reserved Rights or Beneficial
Interest?" 33 Stanford Law Rev i ew 103-130 (1980-81); Note.
This note examines "1) groundwater hydrology and state systems
for allocation of groundwater; 2) the reserved rights system, its
theoretical base, and the system of rights and duties it creates;
3) a proposal to replace the reserved rights doctrine with the
beneficial interest theory; the theoretical basis of the
beneficial interest doctrine, the system of rights and duties it
creates, and its practical impact."
Johnson, Corwin W. "Texas Groundwater Law: A Survey and Some
Proposals," 22 Natural Resources Journal 1017-1030 (1982).
Texas groundwater law is surveyed through a discussion of the
impact of state court decisions, state legislative proposals, and
local government regulation. Deficiencies in Texas groundwater
law are addressed and proposals for reform are considered.
13
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Kyi, Jon L. "The 1980 Arizona Groundwater Management Act: From
Inception to Current Constitutional Challenge," 53 University of
Colorado Law Review 471-503 (1981-82).
"The three purposes of this article are to describe the most im-
portant factors leading to passage of the 1980 Act, to summarize
its major provisions, and to discuss the first legal challenge
to the constitutionality of the Act."
Littleworth, Arthur L. "Groundwater Control Programs Affecting
Water Development" in The Federal Impact of State Water Rights.
Boulder, Colorado: University of Colorado School of Law, Natural
Resources Law Center, 1984. Lands KF 5575 .A17 F42 1984
This is a brief discussion on the effect of statutory and case
law and EPA groundwater strategy on groundwater control programs
Lotterman, Edward D. and Waelti, John J. "Efficiency and Equity
Implications of Alternative Well Interference Policies in
Semi-Arid Regions," 23 Natural Resources Journal 323-334 (1983).
Well interference is defined. The authors examine the causes and
effects of well interference. The policies of Minnesota, South
Dakota, and Iowa on well interference are analyzed.
Lukas, Teresa N. "When the Wei I Runs Dry: A Proposal for Change
in the Common Law of Groundwater Rights in Massachusetts," 10
Boston College Environmental Affairs Law Review 445-502 (1982).
This article outlines basic elements in the science of
hydrology. Some common groundwater problems such as overpumping,
salt water intrusion, and pollution are discussed. Ideas for
more reasonable groundwater regulation than the present judicial
dooctrine of absolute ownership are considered.
Miller, Jim. "The Legal Implications of Ground Water Heat Pump
Use," 34 Water We I I Journal 66-73 (1980).
An overview of local, county, state, and federal controls that
impact on the use of groundwater heat pumps. A table lists reg-
ulations covering groundwater heat pump use for all fifty states
14
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Miller, Leonard A. and Taylor, Robert S. "The Enemy Below: EPA
Plans Action on Leaking Underground Storage Tanks," 15 Environ-
mentaI Law Rev i ew 10135-10143 (May 1985).
"The authors examine the problem of leaking underground tanks,
Congress' far-reaching response in the new Subchapter IX of
RCRA, and the EPA's initial efforts to implement the complex
r equ i r emen t s."
Mlay, Marion. "Coordinating Protection Efforts: An Interview with
Marion Mlay," 10 EPA Jour naI 5-8 (July/August 1984).
"The Director of EPA's Office of Groundwater Protection discusses
the groundwater problem and reviews EPA's efforts to help deal
with it."
New Mexico Governor's Water Law Study Committee. "The Impact of
Recent Court Decisions Concerning Water and Interstate Commerce
on Water Resources of the State of New Mexico," 24 Natural
Resources Journal 689-744 (1984).
The responsibility of this committee was to "study, examine, and
evaluate the impact and implications of recent court decisions
concerning water and interstate commerce." Recommendations for
state action are made. The report includes a section on
groundwater hydrology and administration and a number of water
deficit tables.
"New Mexico's Water Exportation Statute: Will It Float?" 24
Natural Resources Journal 471-486 (1984); Note.
This note analyzes two federal groundwater cases (Sporhase v.
Nebraska and El Paso v. Reynolds) that resulted in the
invalidation of New Mexico's embargo on the exportation of
groundwater to other states. The constitutionality of the state's
new exportation statute is discussed in light of these two
decisions.
"Nontributary, Nondesignated Ground Water: The Huston Decision,"
56 University of Colorado Law Review 135-156 (1984); Note.
This note is a call for new comprehensive legislation to protect
nonrenewable groundwater from depletion. Includes an historical
discussion on nontributary groundwater and future legislative
reform in Colorado.
15
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"Oil and Gas: Water and Watercourses: Effect of the Oklahoma
Groundwater Law on the Common Law Right to Use Water," 37 Ok I a-
homa Law Rev i ew 157-167 (1984); Note.
"The purpose of this note is to determine whether the Oklahoma
Groundwater Law alters the common law right of a mineral owner
or lessee to take and use groundwater. Property rights are deter
mined in light of groundwater and common law limitations... The
effect of statutory limitations on these property rights is
analyzed."
"Oil and Gas: Water and Watercourses: The Right to Use Fresh
Groundwater in Waterflood Operations," 35 Oklahoma Law Review
158-166 (1982); Note.
WaterfIooding is a technique which will increase the flow of oil
and maximize efficiency by a build up of reservoir energy. This
note examines the Oklahoma Supreme Court case, Texas County
Irrigation and Water Resources Association v. Cities Service Oil
Company. This case considers "whether fresh groundwater can be
used in waterfIooding operations."
Panasewich, Carol. "Protecting Ground Water from Pesticides,"
11 EPA Journal 18-20 CSeptember 1985).
This article discusses the problem of groundwater contaminated
by the legal use of pesticides in agricultural areas. The
author, a writer in the EPA Office of Pesticide Programs, out-
lines possible responses to this problem by the EPA.
Peck, John C. "Kansas Groundwater Management Districts," 29
University of Kansas Law Review 51-91 (1980-81).
This article considers the subject of Kansas groundwater manage
ment districts with a discussion of 1) the Kansas Groundwater
Management District Law; 2) legal problems with the law;
3) groundwater management districts as parties in lawsuits;
4) relationships of the districts to the Chief Engineer; and
5) legal problems with rules and regulations recommended by the
districts.
"Protecting Ground-Water: Five States Report," 10 EPA Journal 13-
16 (July/August 1984).
Groundwater officials from Connecticut, Florida, New Jersey, New
Mexico, and Pennsylvania report on the various groundwater
problems they face. They also discuss the programs that their
states have developed to deal with these problems.
16
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"Protection of the Means of Groundwater Diversion," 20 Natural
Resources Journal 625-651 (1981); Comment.
This discussion centers on the conflict between protecting the
rights of individual property owners and maximum utilization of
the state's groundwater resources. Sections on groundwater law in
the West and New Mexico are included.
"Protection Unlimited: A Preferred User's Right to Means of
Groundwater Diversion in Nebraska," 62 Nebraska Law Review 270-
315 (1983); Comment.
This comment is a treatment of Nebraska groundwater law pertain-
ing specifically to well interference disputes. Included are
sections on groundwater hydrology, applicable legal doctrines,
analysis of the law, and recommendations.
Ravan, Jack E. "A State/EPA Partnership," 10 EPA Journal 9-10
(JuIy/August 1984).
The relationship between the states and the federal government
in the protection of groundwater is discussed by the EPA
Assistant Administrator for Water.
"The Right to Use Groundwater in Arizona after Chino Valley II
and Cherry v. Steiner," 25 Arizona Law Rev i ew 473-490 (1983);
Note.
This note examines these two decisions; the first an Arizona
Supreme Court case, the second a U.S. District Court case. Both
upheld the 1980 Groundwater Management Act.
Roberts, Rebecca S. and Butler, L. Mathis. "Information for State
Groundwater Quality PoIicymaking," 24 Natural Resources Journal
1015-1041 (1984).
This article states that land and water use data is more useful
in formulating groundwater policy than groundwater quality data.
This alternative approach is illustrated by three examples from
the New England area. The article contains numerous charts and
graphs .
17
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Rossman, Antonio and Steel, Michael J. "Forging the New Water
Law: Public Regulation of "Proprietary" Groundwater Rights,"
33 Has tIngs Law Journal 903-957 (1982).
This article focuses on the development of groundwater law in
California. A specific dispute between residents of rural Owens
Valley in Inyo County and the city of Los Angeles is described.
The groundwater ordinance, which resulted from this dispute, is
examined. An appendix to the article includes a copy of the Inyo
County Groundwater Extraction Ordinance.
Ruckelshaus, William D. "The Nation's Need to Protect Ground-
water," 10 EPA Journal 2 [July/August 1984).
The Environmental Protection Agency's role in the protection of
groundwater is described by the EPA Administrator.
Schaab, William C. "Prior Appropriation, Impairment, Replace-
ments, Models, and Markets," 23 Natural Resources Journal 25-51
( 1983) .
This article discusses the historical background of the prior
appropriation doctrine in the use of groundwater in the western
United States. Numerous relevant western state cases are cited
throughout the article.
Singer, Grace L. "The Need for Preventive Control of Drinking
Water Contaminants," 74 Journal of the American Water Works
Assoc i at i on 18, 49 (1982).
This article is the edited testimony of the author on the Safe
Drinking Water Act on May 26, 1982, before the Senate Subcom-
mittee on Toxic Substances and Environmental Oversight.
Smith, Zachary A. "Centralized Decisionmaking in the Administra-
tion of Groundwater Rights: The Experience of Arizona,
California, and New Mexico and Suggestions for the Future,"
24 Natural Resources Journal 641-688 (1984).
Groundwater laws for the states of Arizona, California, and New
Mexico are summarized and compared. A section on the attitudes of
interest group leaders toward their states' groundwater policies
is included.
18
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Smith, Zachary A. "Rewriting California Groundwater Law: Past
Attempts and Prerequisites to Reform," 20 California Western Law
Review 223-257 C1983-84).
The past and present groundwater law situation in California is
discussed in detail. The Water Resources Conservation and Effi-
ciency Act is examined in light of its failure to protect ground-
water overdrafting. Interest groups and political problems that
have prevented the implementation of a comprehensive groundwater
management program are described. A proposal for a groundwater
management plan is made.
"Sporhase v. Nebraska ex rel Douglas: A Call for Groundwater Leg
is(at ion," 60 Denver Law Journal 631-643 (1982-83); Comment.
This Supreme Court decision is analyzed in the context of its
effect on the interstate exportation of groundwater. The need
for comprehensive federal groundwater legislation is stressed.
Teclaff, Ludwik A. "Principles for Transboundary Groundwater
Pollution Control," 22 Natural Resources Journal 1065-1079
( 1982) .
This article deals with the subject of groundwater law from an
international perspective. Sections include; the special charac-
ter of groundwater pollution, data collection and exchange, clas-
sification and standards, land use regulation, and remedial
meas u r es.
Tejada, Susan. "Invisible Threat, Invisible Resource: Under-
ground Tanks Contaminate Groundwater," 10 EPA Journal 20-22
CJanuary/February 1984).
The incidence of underground gasoline storage tanks leaking into
groundwater is seen as a widespread problem.
Trelease, Frank J. "Legal Solutions to Groundwater Problems- A
General Overview," 11 Pacific Law Journal 863-875 C1979-80).
This address is mainly concerned with groundwater management
problems in California. Solutions to similar problems adopted by
other states are considered. Overdraft is identified as the prin
ciple problem. Legislating limitations on groundwater use is rec-
ognized as a difficult, politically unpopular but very necessary
task.
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Tripp, James T. and Hellman, Thomas M. "The Groundwater Issue:
Two Viewpoints," 10 EPA Journa I 30-33 (July/August 1984).
Mr. Tripp, an attorney for the Environmental Defense Fund, writes
about groundwater problems facing Nassau County, New York. Or.
Hellman, Chairman of the Chemical Manufacturers' Association's
Environmental Management Committee, discusses a number of ground-
water issues including resource management and recent federal and
state legislation to protect groundwater.
"Using CERCLA to Clean Up Groundwater Contaminated Through the
Normal Use of Pesticides," 15 Environmental Law Reporter 10100-
10108 (April 1985); Comment.
This article discusses the problem of groundwater contamination
by the intentional and legal use of pesticides for agricultural
purposes. CERCLA is examined for authority to respond to this
type of situation.
Utton, Albert E. "The Development of International Groundwater
Law," 22 Natural Resources Journal 95-118 C1982).
An expanded worldwide demand for water resources is cited for
various reasons including an increase in population and
industrial and urban expansion. Developments in national and
transboundary groundwater law are contained in this article.
"Water: Ground Water Reciprocity Requirement Violates the
Commerce Clause," 22 Washburn Law Journal 590-598 (1982-83);
Commen t.
This is mainly a discussion of several Supreme Court decisions
overruling or upholding the restrictions on interstate transpor-
tation of various natural resources including groundwater, game
birds, natural gas, and surface water.
"Water Law-Discrimination Against Interstate Commerce in Ground
Water for Economic Reasons," 19 Land and Water Law Review 471-
483 (1984); Note.
This note is a study of the District Court of New Mexico case
City of El Paso v. Reynolds. In this case New Mexico's embargo
of groundwater was challenged and found to be unconstitutional.
As a result, the New Mexico Legislature repealed the embargo
statute and replaced it with a statute that permits the movement
of groundwater across the state line. The constitutionality of
this new statute is analyzed.
20
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"Water Law: Does Arizona's 1980 Groundwater Management Act
Violate the Commerce Clause?" 24 Arizona Law Review 1060-1072
(1982) ; Note.
This note examines and analyzes the Supreme Court case Sporhase
v. Nebraska. The effect of the Court's opinion on the 1980
Arizona Groundwater Act is discussed.
"Water Law-Sporhase v. Nebraska," 23 Natural Resources Journal
923-931 C1983) ; Note.
This note discusses the background, majority opinion, and dis-
senting opinion of this Supreme Court case. The author also
comments upon the effect of this decision on future legislation
Weatherford, Gary and others. "California Groundwater Manage-
ment: The Sacred and the Profane," 22 Natural Resources Journal
1031-1043 C1982).
Included in this article are sections entitled: the role of
groundwater, the occurrence of groundwater, recent developments,
and prospects.
21
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Section II Technical Materials
Bibl iographies
Bibliography on Ground-Water Recharge in Arid and Semiarid Areas.
Tucson, Arizona: Water Resources Research Center, University of
Arizona, 1982. 149p.
This bibliography contains annotated references from both natural
and man-made recharge. Natural recharge includes precipitation,
stream channel recharge, and mountain front recharge. Man made
recharge comes from irrigation, mining, and wastewater disposal.
van der Leeden, Frits. Geraghtv & Miller's Groundwater Bibliog-
raphy . Syosset, New York: Water Information Center, Inc., 1983.
330p.
This bibliography contains 4,600 references to publications in
the groundwater field. A general section lists bibliographies,
journals, and books. A subject section is broken down into
twenty-nine topics in the field of hydrology. Most works are
technically oriented. A twelve page section on groundwater law
and legal issues is included.
Di rectory
United States Department of Interior. Office of Water Policy.
Directory of Groundwater Programs and Activities of the Federal
Government. Washington. D.C.: U.S. Government Printing Office,
1983. 79p. Lands Reference GB 1003 .057 1983
"This directory contains & listing of those regulatory, technical
assistance, research, funding, and land management activities of
the Federal Government that have as their primary purpose the
monitoring, protection or conservation of groundwater quantity
and quality." Legislative authority for each activity is cited.
22
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Treat i ses
As hwo r t h, Wi I I i am. Nor Any Drop to Drink. New York: Summ it Books,
1982. 272p.
Written in a readable style, this book details some of the
problems we now face as a result of overuse and pollution of our
water resources. Includes chapters on the hydrologic cycle,
groundwater depletion, pollution, and innovative solutions to
water supply problems.
Committee on Ground-Water Resources in Relation to Coal Mining,
e t a I . Coal Mining and Ground-Water Resources in the United
States. Washington. D.C.: National Academy Press, 1981. 197p.
This report examines the effects of all types of coal mining on
the quantity and quality of groundwater. Fundamentals of hydro-
geology, groundwater supplies and allocation are addressed.
Material on identifying and controlling adverse effects of mining
on groundwater is also included.
Environmental Protection Agency. Office of Drinking Water.
Surface Impoundment Assessment National Report. Wa s h i n g t o n,
D.C.: United States Environmental Protection Agency, 1983. 189p.
This report inventories surface impoundments of liquid wastes in
the United States. The potential for contamination of groundwater
supplies is analyzed. Contains maps, graphs, tables, and referen-
ces.
Francko, David A. and Wetzel, Robert G. To Quench Our Thirst: The
Present and Future Status of Freshwater Resources of the United
States. Ann Arbor, Michigan: University of Michigan, 1983. 1 4 8 p .
An historical, scientific, and political discussion of water
resource problems in the United States. Past and future water
resource policies and strategies are examined. Illustrated, with
glossary and index.
23
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Hammer, Mark J. and MacKichan, Kenneth A. Hydrology and Quality
of Water Resources. New York: John Wiley, 1981. 4 86p .
In addition to material on surface and impounded water this text
book contains substantial information on the hydrology of ground-
water and groundwater pollution. Numerous charts, graphs, and
maps accompany the text.
Heimes, Frederick J. and Luckey, Richard R. Estimating 1980
Ground-Water Pumpage for Irrigation on the High Plains in Parts
of Colorado. Kansas. Nebraska. New Mexico. Oklahoma. South
Dakota. Texas, and Wyoming. Denver, Colorado: U.S. Geological
Survey, 1983. 36p.
This report is the result of a program to estimate the quality
of groundwater used for irrigation purposes in the High Plains
in 1980. An actual sampling of irrigation water was measured at
a total of 480 sites. Data showing calculated irrigation demands,
crop acreage, and estimated irrigation acreage are among the
tables and illustrations.
Loucks, Daniel P. and Stedinger, Jery R. Interactive Mode ling
and Data Management for Predicting Surface and Groundwater
Quality and Quantity. Ithaca, New York; Center for Environmental
Research and Department of Environmental Engineering, Cornell
University, 1983. 21p.
"This report outlines an approach to the study of coupled surface
and groundwater systems. It reports on the progress of a one-year
exploratory research project on the development of methods for
linking various models and data ... to enable the prediction and
study of regional water quality and water quantity problems."
Manahan, Stanley E. A Simplified Scheme for the Analysis of
Pollutants in Groundwater and Leachates Contaminated by Hazardous
Chem i caIs. Columbia, Missouri: Missouri Water Resources Research
Center, University of Missouri, 1982. 56p.
The purpose of this study was to develop and apply a number of
methods of chemical analysis for the purpose of determining con-
tamination of groundwater by hazardous chemicals.
24
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Markos, Gergely and Bush, Kathryn J. Contamination of Ground and
Surface Waters by Uranium Mining and Milling: Volume II Field
Sampling and Empirical Modeling. [Washington, D.C.l: Bureau of
Mines, U.S. Department of the Interior, Minerals Environmental
Technology, C1981].
"Uranium mill tailings ... contain large amounts of radioactive
and chemically toxic substances in high concentrations ... The
main objective of this investigation was to evaluate the actual
movement and model the potential movement of contaminants by
seepage of water from the tailings into the soil."
Morrison, Robert, et al. Effects of Upland Disposal of Dredged
Material on Groundwater Quality: Technical Report El-80-8.
Vicksburg, Mississippi: U.S. Army Engineer Waterways Experiment
Stat i on, 1980. 117p.
This study is an evaluation of the effect of upland disposal of
dredged material on groundwater quality. Sampling programs in
Alabama, Texas, Michigan, and New Jersey undertook analyses of
soil, disposed sediment, interstitial water, and groundwater.
Contains many charts and graphs of the sampling process.
Neuman, S.P. and Simpson, E.S. Comparative Analysis and Develop-
ment of Models for Groundwater Quality Prediction. Tucson,
Arizona: Department of Hydrology and Water Resources, University
of Arizona, 1 982. 14p.
This two part report consists of "1D an updated version of a com-
parative analysis of numerical methods for advection-dispersion
published earlier by Neuman (1981) and 2) a brief description of
an improved approach to the solution of groundwater contamination
p r obI ems ..."
Princeton University Water Resources Program. Gr oundwa t e r
Contamination from Hazardous Wastes. Englewood Cliffs, New
Jersey: Prentice-Hall, 1984. 163p.
An introductory volume on the "mechanisms" of groundwater contam-
ination. Included are chapters on evaluating and analyzing
groundwater contamination, siting new hazardous waste land fills,
and case studies.
25
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Rectien, Dr. Richard D. The Pollution Potential of Pit Quarries
Employed as Waste Disposal Sites. Columbia, Missouri: Missouri
Water Resources Center, University of Missouri, 1982. 22p.
This report describes a method of monitoring a landfill site by
electrical resistivity modeling. This method can be used for de-
tection and tracing of groundwater contamination. Includes dia-
grams and references.
Todd , David Keith. Groundwater Hydrology. NewYork: John Wiley
and Sons, 1980. 535p.
A comprehensibIe presentation of the fundamentals of groundwater
hydrology for the non-expert. Included are chapters on ground-
water occurrence, movement, quality, pollution, and management.
Each chapter contains a list of references. The volume also
includes a metric table, index, and numerous charts and graphs.
Todd, David Keith. Ground-Water Resources of the United States:
An Illustrated Compendium of the Nation's Underground Water
Resources Compiled from Publications of the United States Geo-
logical Survey. Berkeley, California: Premier, 1983. 7 4 9p .
Lands GB 1003 .T64 1983
This volume is a compilation of the U.S.G.S. reports on the
twenty water resource regions in the United States. Each report
gives a geological as well as hydrological description of the
region. The quality and quantity of groundwater, proper manage-
ment techniques, and special problems unique to a region are
presented in a readable styl'e. Each section includes illustra-
tions, maps, diagrams, and a list of references.
United States Department of the Interior. Ground Water Manual: A
Guide for the Investigation. Development, and Management of
Ground-Water Resources. Washington. D.C.: U.S. Government Print-
ing Office, 1981. 480p. Lands TD 403 .U54 1981
A technical manual that includes detailed sections on the occur-
rence of groundwater, theory of groundwater flow, planning
ground- water investigations, and water well development. Each
section contains its own bibliography. A large number of tables
and dia- grams accompany the text.
26
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United States Department of the Interior. Office of Surface
Mining. Ground Water Model Handbook. Denver, Colorado: Office of
Surface Mining, Western Technical Service Center, 1981. 254p.
Written for the professional hydrologist, this manual consists of
flow models which are used to evaluate the impact of mining on
groundwater quality. The theories behind the models are
explained.
Ward, C.H.; Giger, W. and McCarty, P.L., Eds. Ground Water
Qua I I tv. New York: John Wiley, 1985. 547p.
Lands TD 426 .G72 1985
This volume contains selections of the papers presented at the
First International Conference on Ground Water Quality Research
in Houston, Texas on October 7-10, 1981. Some of the papers have
been expanded while others were written especially for this
volume. The four sections of the book are entitled 1) Sources,
Types and Quantities of Contaminants in Ground Water; 2) Methods
for Ground Water Quality Research; 3) Subsurface Characterization
in Relation to Ground Water Pollution; and 4) Transport and Fate
of Subsurface Contaminants.
We I by , Charles W. and Wilson, Thomas M. Use of Geologic and Water
Yield Data from Ground Water Based Community Water Systems as a
Guide for Ground Water Planning and Management. Raleigh, North
Carolina: Water Resources Research Institute of the University of
North Carol i na, 1982. 111p.
This study developed guidelines for groundwater drawn from
crystalline rock aquifers. Well failure frequency and factors
affecting well yields are among a number of areas under invest-
igation. Includes charts, graphs, maps, and a list of references.
Westrick, James J.; Me I Io, J. Wayne and Thomas, Robert F. The
Ground Water Supply Survey; Summary of Volatile Organic Contami-
nant Data. Cincinnati. Ohio: Technical Support Division, Office
of Drinking Water, Environmental Protection Agency, 1983. 49p.
This report provides information from an EPA Office of Drinking
Water sampling and analysis program. This program ran from Decem-
ber 1980, to December 1981. Water from 945 groundwater supplies
is analyzed.
27
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Wilson, James. Ground Water: A Non-Technical Guide.
Philadelphia: Academy of Natural Sciences, 1982. 105p.
Lands GB 1003.2 .W749 1982
A good introduction to the terminology of groundwater. There are
chapters on the effect of agricultural activities, human settle-
ments, industrial activities, and natural factors on ground-
water. Illustrated with numerous charts and graphs. Includes
literature cited and an index.
28
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Articles
Brewer, George R. and Ramkrishnadas . "Solid Wastes and Water
Quality," 54 Journal of the Water Pollution Control Federation
749-754 (1982).
This article outlines the EPA's groundwater protection strategy.
Studies of various types of groundwater contamination throughout
the United States and Europe and their characterization and
treatment are discussed. Includes numerous references.
Burke, Bob.
i na t i on," 10
'EPA Researchers Seek Answers to Ground-Water Contam-
EPA Journal 24-26 (July/August 1984).
This article describes some of the techniques for detecting and
monitoring groundwater contaminants. Recent research findings in-
volving groundwater microorganisms are also discussed.
Canter, Larry W. "Groundwater Quality Management," 74 Journal
the American Water Works Association 521-527 (1982).
of
This paper "1) describes a case study related to developing a
groundwater quality management plan; 2) summarizes some elements
and options relative to the development of a national groundwater
protection strategy; and 3) describes the research programs of
the National Center for Ground Water Research."
Cohen, Philip. "The Future of the Ground-Water Resource," 10 EPA
Journal 27-29 (July/August 1984).
The author, Chief Hydrologist of the U.S. Geological Survey,
looks at the future demand for groundwater resources. The expect-
ed impact of groundwater problems such as land subsidence,
contam- ination, and overdrafting is explored.
Faust, Charles R.; Sitka, Lyle R.
Modeling and Ground-Water Protect
(1981).
and Mercer, James W
on," 19 Groundwa t e r
. "Computer
362-365
The authors assess the state-of-the-art modeling for groundwater
issues. Groundwater models are ranked by a number of factors to
determine their reliability. The authors' assessment is in both
table and discussion form.
29
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Fetter, C.W. "Interstate Conflict Over Ground Water: Wisconsin-
Illinois," 19 Groundwater 201-213 C1981D.
Groundwater overdrawn by counties in northeastern Illinois has
created problems for counties in southeastern Wisconsin. This is
a detailed report on the aquifer that supplies groundwater to
both areas, the impact of groundwater withdrawal, and projections
of future groundwater use. Contains numerous charts, maps, and
references.
Garcia-Bengochea, J.I. "Protecting Water Supply Aquifers in Areas
Using DeepwelI Wastewater Disposal," 75 Journal of the American
Water Works Association 288-291 C1983).
This article begins with a description of the geohydrology of
southern Florida. The hazards and controls of the construction,
operation, and abandonment of injection wells are examined.
Gaston, John M. "Contamination of Drinking Water," 10 EPA Journal
20-21 CJuIy/August 1984D.
This article examines the recent discovery of various forms of
groundwater contamination and the response to these problems by
regulatory agencies and the public.
Goye r , Dr .
Pol I u t i on ,
Robert A. "Potential Health Effects from Ground-Water
1 10 EPA Journal 22-23 CJuly/August 1984).
The author, Deputy Director of the National Institute of Environ
mental Health Sciences, emphasizes the connection between public
health and groundwater contamination.
Josephson, Julian. "Safeguards for Groundwater," 14 En v i r onme n t a I
Science and Technology 38-44 C1980).
Contains material on both regulatory and technical strategies for
groundwater management and protection. Techniques for monitoring
groundwater are discussed. Includes illustrations.
30
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Kilner, Suzanne M., et a I . "Aquifer Protection Planning in the
Northeastern United States," 38 Journal of the Institution of
Water Engineers and Scientists 247-258 (1984).
Case studies of an aquifer protection planning process in two
communities in Massachusetts are discussed. Technical problems
such as a sampling program and locating a new well are analyzed.
Regulations and zoning by-laws are also considered.
Knox, Robert C. "Assessment of the Effectiveness of Barriers for
the Retardation of Pollution Migration," 22 Gr oundwa te r 279-284
( 1984) .
This study analyzes the flow of polluted groundwater through an
ineffective barrier by means of a simplified model which was
applied to a variety of situations.
Kowal, N.E. and Pahren, H.R. "Health Effects Associated with
Wastewater Treatment and Disposal," 52 Journal of the Water
Pollution Control Federation 1312-1325 (1980).
The land application of wastewater sludge and its effect on
public health are explored. The impact of various forms of
bacteria, viruses, organics, and inorganics on both surface and
groundwater drinking supplies is examined. Includes extensive
references .
Miller, David W. "Sources of Ground-Water Pollution," 10 EPA
Journa I 17-19 (July/August 1984).
Some of the major sources and types of groundwater contamination
are discussed in this article. Includes an illustration on the
ways in which groundwater is contaminated.
Pye, Veronica I. and Patrick, Ruth. "Ground Water Contamination
in the United States," 221 Sc i ence 713-718 (1983).
Sections in this article include; sources of groundwater contam-
ination, problems posed by groundwater contamination, extent of
of groundwater contamination, and laws and regulations applicable
to groundwater protection. Includes references and an illustra-
tion depicting how a groundwater system can be contaminated by
toxic was t e.
31
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Raucher, Robert L. "A Conceptual Framework for Measuring the
Benefits of Groundwater Protection," 19 Water Resources Research
320-326 C 1983) .
This paper provides a technical framework for "estimating the
benefits of activities that protect groundwater from contamina-
tion." A number of hypothetical case studies "illustrate the com-
plexity and policy implications of the benefits framework."
Stover, Enos L. and Kincannon, Don F. "Contaminated Groundwater
Treatability-A Case Study," 75 Journal of the American Water
Works Association 292-298 (1983).
This study examines several methods of removing toxins from con-
taminated groundwater near a hazardous waste dump. Includes
tables of test results.
Villumsen, Arne and Sonderskov, Carston. "Vulnerability Maps: A
Promising Tool in Groundwater Protection," 5 Aq ua 0466-0468
C1982).
This article examines a pilot project undertaken by the Geologic-
al Survey of Denmark. HydroIogicaI, chemical, and geological data
are utilized to produce vulnerability maps for a test area. Risk
of contamination to groundwater can be evaluated before decisions
are made in the disposal of hazardous wastes and sewage.
32
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Section III Federal Cases
Sporhase. et al v. Nebraska ex rel Douglas. No. 81-613. 458 U.S.
941, 102 S.Ct. 3456, 73 L.Ed. 1254 (July 2, 1982).
The Court held that the Nebraska water anti-export statute was a
violation of the commerce clause.
Town of East Troy v. Soo Line Railroad Company. Seventh Circuit.
No. 79-2120. 653 F.2d. 1123 COctober 8, 1980).
Appellate court affirmed district court decision for railroad to
pay $500,000 in damages to town to remedy groundwater pollution
caused by the railroad's negligence.
U.S.A.. et al v. Waste Industries, et al v. North Carolina
Department of Human Resources. Fourth Circuit. No. 83-1320.
734 F.2d. 159 (May 8, 1984) .
The EPA sought injunctive relief to correct groundwater contam-
ination from a landfill site. The court held for permanent man-
datory injunctive relief.
Cherry. Clifton N.. et al v. Steiner. Wesley E. D. Arizona. No.
Civ. 81-719 PHX CAM. 543 F.Supp. 1270 (July 19, 1982).
The court held that the prohibition of increased groundwater use
by a landowner is not taking property without due process.
Fort McDowell Mohave-Apache Indian Communitv v. Salt River Valley
Water Users Association, et al. D. Arizona. Nos. Civ. 79-182 PHX
VAC to Civ 79-187 PHX VAC and Civ 79-267 PHX VAC. 484 F.Supp. 778
(January 18 , 1980) .
Groundwater is not considered public water and is not appropria-
ble under Arizona state law. Land owners are entitled to reason-
able use of groundwater under their land.
33
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Miller. Cecil W. . e t al v. Cudahy Company. D. Kansas. No. 77-
1212. 592 F.Supp. 976 CAugust 13, 1984).
"Landowners and lessees sought to recover damages arising from
salt pollution of a freshwater aquifer beneath their lands." The
court held that the operator of the salt plant and its parent
were liable for damages.
Prohosky, Robert, et al v. The Prudential Insurance Company of
Ame r i ca. N.D. Indiana. No. L 82-90. 584 F.Supp. 1337 (March 28,
1984D.
Plaintiffs sought injunction against pumping water by defendant
for irrigation purposes. Because of a lack of evidence of damage
to the aquifer, the court held that the defendant would not be
enjoined from pumping water for irrigation purposes.
34
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Section IV Federal Legislation
Clean Water Act of 1977 . 33 U.S. Code 1251 et seq.,
P.L. 95-217, 91 Stat. 1566 CDecember 27, 1977).
Comprehensive Environmental Response. Compensation, and Liability
Act (Super fund) . 26 U.S. Code 4611 et seq., 42 U.S. Code 9601 et
seq., P.L. 95-510, 94 Stat. 2767 CDecember 11, 1980).
U.S. Congress. House. Committee on Energy and Commerce. Report
99-253. Part I on H.R. 2817: Superfund Amendments of 1985.
Washington, D.C.: U.S. Government Printing Office,
August 1 , 1985 . 312p.
Resource Conservation and Recovery Act.(RICRA). 42 U.S. Code 6901
et seq., P.L. 94-580, 90 Stat. 2795 (October 21, 1976).
Safe Drinking Water Act. 42 U.S. Code 300f-300j~9, P.L. 93-523,
88 Stat. 1660 CDecember 16, 1974).
Safe Drinking Water Act Amendments of 1977. 42 U.S. Code 300f-
300J-9, 7410-7626, P.L. 95-190, 91 Stat. 1393
(November 16, 1977).
U.S. Congress. Senate. Committee on Environment and Public
Works. Report 99-56 on S. 124: Safe Drinking Water Act Amendments
of 1985. Washington. D.C.: U.S. Government Printing Office,
May 15, 1985. 53p.
Toxic Substances Control Act. 15 U.S. Code 2601 et seq., P.L. 94-
469, 90 Stat. 2003 COctober 11, 1976).
Uranium Mill Tailings Radiation Control Act. 42 U.S. Code 2014,
2021, 2022, 2111, 2113, 2114, 2201, 7901 et seq., P.L. 95-604,
92 Stat. 3021 (November 8, 1978).
35
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