The number of lawsuits over water rights and the protection of water for all is increasing, and as water becomes scarcer, water protection is gaining popularity. The recent court ruling in Springfield Water and Sewer Commission, et al. v. Massachusetts Department of Environmental Protection, et al., strengthened the authority of the state to safeguard public health and the environment, finding that MassDEP has the authority to regulate water usage in times of drought on registered water users, including those given special status under the Massachusetts Water Management Act.[1]

The Massachusetts Water Management Act was implemented in 1986 to safeguard current and future water supplies and to authorize the Massachusetts Department of Environmental Protection (MassDEP) to regulate surface and groundwater withdrawals. The program allowed cities or water suppliers with withdrawals of more than 100,000 gallons per day to apply as a “registrant,” receiving a special status that entitled the entity to continue withdrawals at the same rate with registration renewal required every ten years.[2] Those rates were challenged in 2021 when MassDEP proposed seasonal restrictions on outdoor water use when a drought was declared. The public water suppliers appealed, arguing that the regulations disregarded their right to withdraw their entitled amount of water.

In the decision, it was noted that the regulations would not alter the guaranteed annual volume of water but would limit withdrawals during times of drought; water suppliers could make up the difference during the remainder of the year.

By upholding the MassDEP's restrictions on nonessential outdoor water use during times of drought, the Superior Court ruling underscores the importance of responsible water management. Further, it acknowledges that water is an essential resource for all, and that it is crucial to exercise caution and prioritize its usage during times of scarcity to guarantee water in the present and future.

[1] Olson, Kris. “Lawyers Defend Dep’s Right to Restrict Water Use during Droughts.” Massachusetts Lawyers Weekly, 5 Jan. 2024, masslawyersweekly.com/2024/01/05/lawyers-defend-deps-right-to-restrict-water-use-during-droughts/.

[2] “Fact Sheet: Water Management Act - Registration and Permitting.” Mass.Gov, www.mass.gov/info-details/fact-sheet-water-management-act-registration-and-permitting#:~:text=The%20Water%20Management%20Act%20(M.G.L.,both%20surface%20and%20groundwater%20supplies. Accessed 13 Feb. 2024.