Geography. (Abstracts-2003 Annual Meetings)‪.‬

Groundwater Law: The Challenge of Allocating an Unseen Resource. Diane O'Connell, Schoolcraft College, Geography Department, 18600 Haggerty Road, Livonia, MI 48152-2696 The hydrologic cycle describes the continual movement of water from one geographic location to another. This fluid nature of water, along with the importance of water to sustain life, complicates the legal system of water rights. Water rights are further complicated by the traditional legal separation of the components of the hydrologic cycle; groundwater and surface water are classified as separate resources with different legal rules. Groundwater allocation often presents a more challenging situation than sufface water allocation because the subsurface is rarely completely understood and mapped. Groundwater allocation may be determined in courts using common law doctrines or be dictated by state statutes. Four traditional groundwater doctrines ate absolute ownership, reasonable use, correlative rights, and prior appropriation. States often modify these requirements with permit statutes and administrative rules. As a result of an often fractured legal approach, groundwater allocation strategies are often not a comprehensive package designed to protect both the quantity and quality of groundwater. Allocation strategies should incorporate groundwater use, groundwater quality, along with an understanding of both local and regional hydrogeology. Allocation decisions should also integrate the management of surface water and groundwater. Groundwater is currently used by approximately half of the U.S. population; however, the management and protection of this valuable resource is rarely guided by comprehensive legislation.