Can You Dig a Well on Your Property? What Homeowners Need To Know

Tapping into the naturally sustainable water source beneath your home can be very tasty. But, before you start looking into everything that goes into water well drilling, it’s crucial to find out whether you can dig a well on your property in the first place. There isn’t a single answer to this question because rules vary between states. Learn about the residential water well drilling permits, laws, and other requirements that may apply in your area with this comprehensive guide. 

Groundwater Rights and State Laws

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Because water availability varies widely across the country, water rights are largely governed at the state level. In some counties, there may be differences in regulations depending on whether you want a dug well or a drilled well. It’s important to note that groundwater rights are distinct from surface water and rainwater regulations, too. 

All states typically conform to one or more of these general groundwater doctrines: 

• Absolute Dominion

• Reasonable Use

• Prior Appropriation

• Correlative Rights

• Restatement of Torts

Consult with local well pump companies to discuss how these doctrines may affect your water well drilling project.

Doctrine of Absolute Dominion

Under the Doctrine of Absolute Dominion, the property owner has the right to pump as much water out of the aquifer under their property as they’d like. They do not have to consider how their well may affect neighbors who share the same aquifer. They also do not have to think about water conservation efforts. Also called the English Rule, the Doctrine of Absolute Dominion is the least restrictive of these five groundwater doctrines. 

Examples of states that adhere to the Doctrine of Absolute Dominion include Georgia, Minnesota, and Texas. 

Doctrine of Reasonable Use

The Doctrine of Reasonable Use takes a step back from the Doctrine of Absolute Dominion. You can drill your own well on your own property, as long as your water use is “reasonable.” The exact interpretation of “reasonable” can vary, but it generally means that you can access the groundwater so long as it is not overly wasteful and allows your neighbors to have equally fair access to the same aquifer. 

Also called the American Rule, the Doctrine of Reasonable Use applies in such states as Arizona, Kentucky, and Pennsylvania. 

Doctrine of Prior Appropriation 

One of the oldest American water doctrines, the Doctrine of Prior Appropriation goes back to the Gold Rush era of the 1800s. Also called the First Come, First Serve doctrine, it provides primary rights to the groundwater supply to the first person to use that water source. If you’re the first one to tap into the water beneath your property, it’s yours to use freely as you see fit.

Many states have adapted their Doctrine of Prior Appropriation to align closer with the Doctrine of Reasonable Use. Some states that follow this doctrine include Alaska, Nevada, and Wyoming. 

Doctrine of Correlative Rights 

The scope of the Doctrine of Correlative Rights expands well-drilling laws beyond your property lines. Deciding if you can dig a well on your property considers landowners directly above the aquifer, as well as other property owners who may wish to divert the groundwater, too. This allows neighbors to have shared access to the same aquifer, even if their property is not directly above the water source. 

The Doctrine of Correlative Rights is more common in regions where groundwater may be scarce, like Arkansas, California, and Oklahoma. 

Doctrine of Restatement of Torts 

The Doctrine of Restatement of Torts is another principle that may guide DIY well drilling rights. It is a combination of the Doctrine of Absolute Dominion and the Doctrine of Reasonable Use. If the property owner uses the groundwater supply in a reasonable way and for a beneficial purpose, they will not be subject to liability for interference. They must not exceed their “reasonable” share of the aquifer. 

States where the Doctrine of Restatement of Torts applies include Michigan, Ohio, and Wisconsin. 

Local Compliance Requirements

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In addition to groundwater use doctrines, there are also local requirements governing whether it is legal to drill your own well on your property. These regulations can greatly impact how much well drilling will cost you. They can include applying for permits, hiring licensed contractors, acquiring water rights, and testing the well water quality.

For what rules may apply in your area, the National Ground Water Association (NGWA) offers a contact list of affiliate organizations for each state. Your local well water company should be up-to-date on local laws outlining restrictions on well size, depth, shape, and other factors. Always check with state, county, and city departments for the latest information. 

Permits 

Just as you may need a building permit for other home improvement projects, you may need a residential water well drilling permit to dig a well on your property. Typically, you would apply for a well drilling permit from a county office or state agency, like the state’s Water Resources Department. If you hire a well-drilling professional, they will likely apply for this permit on your behalf. 

Include the permit fee as part of your estimated cost to drill a well. The permit grants temporary permission to dig a well, adhering to local guidelines. The permit application often asks for specific information about the depth and type of well, plus how you plan on using the water and how much you plan to use. In some cases, you may need more than one permit.

Licenses 

In some states, you may not be allowed to dig a well on your property yourself. You must hire a licensed professional for the job. Whereas a permit is temporary, a license shows that a contractor has the necessary education, training, and testing to perform water well drilling safely and competently. Even if you just wanted to dig a well by hand, several states require a license for a water well drilling project to proceed

There may be certain exemptions to the license requirement. For instance, you may need a license only if the well is larger than a certain size or draws more than a certain volume of water. For example, Arizona only requires a driller’s license if the well draws more than 35 gallons per minute. 

Water Rights

Property rights do not necessarily imply well water rights. Just because you own your home and the land it sits on does not necessarily mean that you have full legal access to the aquifer below your property. This is especially important in states that follow the doctrines of Absolute Dominion or Prior Appropriation. Check with your state if you need to purchase water rights before drilling your own well. It’s also possible to obtain grandfathered water rights.

Required Testing

One of the major differences between well water and city water is how they are treated. City water is regularly treated and tested for public safety. Well water comes straight out of the ground, so it may contain contaminants, mineral deposits, or radioactive elements. Some counties and states, like Vermont, may require private well owners to test their groundwater to ensure it is potable and safe to drink. 

Water Well Regulations by State

Summarized below are the main water well drilling regulations for each state. These are general guidelines believed to be true at the time of publication, but laws and rules can change or vary between counties. Be sure to double-check with local authorities before you dig a well on your property. 

Alabama

• Permit: No

• License: Yes

• Other requirements: $200 annual fee

Alaska

• Permit: No

• License: No

• Other requirements: Water rights ($100 per residence)

Arizona

• Permit: No

• License: Driller’s license for wells drawing over 35 gallons per minute

• Other requirements: Notice of intent 

Arkansas

• Permit: No

• License: Water well contractor’s license required

• Other requirements: Certificate of registration

California

• Permit: From local jurisdiction

• License: No

• Other requirements: No

Colorado

• Permit: Household use permit for less than 35 acres

• License: No

• Other requirements: No

Connecticut

• Permit: No

• License: Registered state license 

• Other requirements: No

Delaware

• Permit: Yes

• License: By the Department of National Resources and Environmental Control

• Other requirements: No

Florida

• Permit: Local county permit

• License: Required for wells over two inches in diameter

• Other requirements: No

Georgia

• Permit: From Environmental Protection Division (EPD)

• License: Licensed well contractor required

• Other requirements: No

Hawaii

• Permit: From Commission on Water Resources

• License: No

• Other requirements: No

Idaho

• Permit: No

• License: Drilling license from the Department of Water Resources

• Other requirements: No

Illinois

• Permit: County permit

• License: Required for drilled wells but not driven wells

• Other requirements: No

Indiana

• Permit: No

• License: From the Department of Natural Resources

• Other requirements: No

Iowa

• Permit: No

• License: Licensed and certified well contractor

• Other requirements: No

Kansas

• Permit: No

• License: Licensed well driller

• Other requirements: No

Kentucky

• Permit: No

• License: Certified well driller

• Other requirements: No

Louisiana

• Permit: No

• License: Required

• Other requirements: No

Maine

• Permit: No

• License: Licensed well driller or digger

• Other requirements: No

Maryland

• Permit: From the Department of the Environment

• License: Licensed contractor

• Other requirements: Submit a well completion report to the county health department

Massachusetts

• Permit: No

• License: Licensed well driller

• Other requirements: No

Michigan

• Permit: From local health department

• License: No

• Other requirements: No

Minnesota

• Permit: No permit needed for drive-point well

• License: No

• Other requirements: Must notify county office upon completion for inspection and final approval

Mississippi

• Permit: From the Department of Environmental Quality

• License: Licensed driller

• Other requirements: No

Missouri

• Permit: Contractors need a permit, but private landowners are exempt

• License: No

• Other requirements: No

Montana

• Permit: May not be required for some private wells, but contractors need a permit

• License: No

• Other requirements: No

Nebraska

• Permit: No

• License: not needed for private landowners

• Other requirements: Register the well with the Department of Natural Resources

Nevada

• Permit: No water rights permit needed if the well draws less than 1,800 gallons of water per day

• License: Yes

• Other requirements: Licensed well driller must file drilling logs with state engineer 

New Hampshire

• Permit: No

• License: Registered license from the Well Water Board

• Other requirements: No

New Jersey

• Permit: No

• License: Licensed well driller

• Other requirements: No

New Mexico

• Permit: From Office of State Engineer

• License: Yes

• Other requirements: No

New York

• Permit: No

• License: From the Department of Environmental Conservation

• Other requirements: Notify before drilling, file Water Well Completion Report upon completion

North Carolina

• Permit: From local county

• License: no

• Other requirements: Possible fees for water well drilling

North Dakota

• Permit: Not needed for wells that draw less than 4,073,000 gallons of water per year

• License: No

• Other requirements: No

Ohio

• Permit: Valid permit from the Department of Health

• License: No

• Other requirements: No

Oklahoma

• Permit: No

• License: Licensed water well driller

• Other requirements: No

Oregon 

• Permit: Not needed for wells drawing less than 15,000 gallons per day

• License: No

• Other requirements: No

Pennsylvania

• Permit: may need a county or city permit

• License: Private homeowners do not need a license

• Other requirements: No

Rhode Island

• Permit: No

• License: Not needed for private landowner

• Other requirements: No

South Carolina

• Permit: From the Department of Health and Environmental Control

• License: No

• Other requirements: Notice of intent from the Department of Health and Environmental Control

South Dakota

• Permit: Not needed for domestic use under 25,920 gallons per day

• License: No

• Other requirements: No

Tennessee

• Permit: No

• License: Licensed well drillers only

• Other requirements: No

Texas

• Permit: No

• License: Not needed for private homeowner

• Other requirements: No

Utah

• Permit: No

• License: Not needed for well under 30 feet deep

• Other requirements: Water rights required

Vermont

• Permit: No

• License: From the Office of Professional Regulation 

• Other requirements: No

Virginia

• Permit: Possibly needed from local health district

• License: Possibly needed from local health district

• Other requirements: No

Washington

• Permit: No

• License: Not needed for a private homeowner for wells drilled no more than once every two years

• Other requirements: No

West Virginia

• Permit: From local health department

• License: Yes

• Other requirements: No

Wisconsin

• Permit: No

• License: Not needed for driven-point well, but a license is needed for well pump installation

• Other requirements: No

Wyoming

• Permit: From Engineer’s Office

• License: Not needed for drilling a well on your own property

• Other requirements: No