ABSTRACT: An Analysis of Delaware’s Groundwater Allocation Laws:

Proposing a Plan

DWRC 2001-2002 Intern: Katie Lemon

Project Advisor:                   Dr. Joshua Duke

Delaware has instituted legal rules and regulations to assist in the proper

allocation of groundwater.  The state's intervention has been necessary

because of the physical nature of water resources.  The means of storage and

access, the regional coverage, and the number of users of an aquifer create

challenges for the definition of clear property rights.  Groundwater in

Delaware is a common property resource, meaning no member of a group can be

excluded from utilizing that resource.  The consumption of the resource is

considered rivalrous, meaning that one user’s consumption will limit another

user’s consumption.  Common property resources are often overexploited and

used inappropriately because of the nature of the shared property (or, in

this case, the right to use).

Due to sources of conflict in the physical characteristics of the

underground water supply, the economic failures of this common property

resource, and legal complications, a statewide comprehensive plan for the

management of this resource is essential.  This research will identify the

possible sources of conflict that would prevent an equitable, efficient, and

sustainable allocation of groundwater.

Equity is the standard by which all resource users’ interests are weighed

impartially.   Hindrances include:

·       Exemptions for various users

·       The uncertainty of which user should bear external costs of depletion

·       Different governmental oversight for different users

Efficiency maximizes the total net benefits of resource use over time.

Hindrances include:

·       Guarantees of water to users who are first in time

·       Requirements that a user utilize all allocated water to receive same

allocation for following year

·       Guarantees to irrigators

Sustainability can be described as the ability of future generations to

maintain an equal or greater standard of living.  Hindrances include:

·       Allocation based solely on consumer demand, not including supply

·       Hidden true scarcity of water resources

To determine the legal analysis of Delaware's management, law review

articles, statutes, regulations, and court documents were consulted.  The

results conclude that although the institutions have established a

management scheme for the resource that has proven useful, many sources of

conflict still persist. 

There is currently no statewide groundwater allocation plan for Delaware.

Management strategies for water allocation have been made at the local level

and interstate level .  Statewide plans for the protection of groundwater

resources have been made, yet a comprehensive plan for allocation is still

needed.  Through a statewide plan all interests can be considered and the

long-term as well as short-term consequences of potential uses can be

evaluated before decisions for allocation are made.  The plan can produce

proper and effective incentives for individuals to conserve and use

groundwater for maximum social benefit.  A comprehensive statewide plan

enacted through the legal statutes would have the authority to obtain the

goals of equity, efficiency, and sustainability in Delaware’s groundwater

allocation.