Land Application of Wastewater: Water Rights Issues

Abstract

Land application of municipal effluents is encouraged by existing federal water quality legislation and regulations as an alternative to conventional surface water discharge of partially treated effluent. However, conversion to the land application approach may impact downstream water users since the associated operations are likely to increase water consumption or change the location of return flows, or both. The legal status of such changes must be evaluated by application of state water law. In the western United States, the doctrine of prior appropriation protects appropriators whose water rights depend on return flows of prior appropriators by restricting changes in the manner in which the prior rights are exercised. In the East, the riparian doctrine sets limits on the amount of water consumption and place of water use. Although there is little direct precedent interpreting the principles of the two doctrines in relation to land application, potential constraints exist. This paper evaluates the significance of these constraints and the possible impact of water law on the adoption of the land application technique.