Pennsylvania Groundwater Lease
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FAQ
In many parts of the United States, people rely on ground water for drinking, irrigation, industry, and livestock. This is particularly true in areas with limited precipitation, limited surface water resources, or high demand from agriculture and growing populations.
In Pennsylvania, as in most of the Eastern United States, the right to water is not a property right to which title can be acquired, but rather a "right of use" of the water resources, called the "usufructuary right." The usufructuary right is one of those in the bundle of rights that goes with property ownership.
About 70% of groundwater withdrawn globally?including in the U.S.?is used for agriculture. In some arid countries, 90% of groundwater use is for irrigation.
Pennsylvania's water comes from several river basins. The three largest are the Delaware, Susquehanna, and Ohio River Basins. The Delaware River Basin starts in New York, extends into New Jersey, and continues into Delaware.
Pennsylvania, having a humid climate, has a lot of water in springs, wetlands, streams, and lakes -- yet it has 30 times more groundwater than surface water. Every day, we withdraw groundwater from wells and springs to meet our household, agricultural, and industrial needs.
But, based on best available information, an average of around 6 billion gallons of water are withdrawn daily from reservoirs, rivers, streams and groundwater sources in Pennsylvania.
Pennsylvania's groundwater law is based on the so-called ?American Rule.? Under this rule, landowners may withdraw percolating groundwater from beneath their property for any ?natural and ordinary? use without regard for neighboring users.
Surface Water Rights in Pennsylvania. Under the common-law system of water rights, surface water is subject to the riparian rights doctrine. This states that landowners with property adjacent to or divided by a natural body of water with defined banks have the right to use these waters.