Julia Oliver, The Charlotte Observer
MONROE - Union County, first in the drought-stricken Charlotte region to enact mandatory water restrictions, now wants to control its residents' wells.
The county hopes to limit well- drilling and also require existing well owners to comply with water restrictions.
The county commissioners are asking the General Assembly for the authority to regulate wells during a drought. They say it's an effort to preserve the county's groundwater for drinking instead of squandering it on lawn irrigation.
Counties currently do not regulate private wells, and there is some disagreement over whether local governments have the authority to do so. Some observers worry that controlling wells infringes on people's property rights.
But at least one local government -- the Village of Pinehurst -- recently limited private well- digging because of concerns about shared groundwater. Officials there think they are the first in the state.
Union County's water troubles are largely caused by rapid suburban growth. One-acre lots are common in many subdivisions, and lawn-watering accounts for half the county's water use in the summer. Irrigation-driven spikes in demand prompted Union to restrict its customers' water use in June, before other counties in the area.
In response, residents dug wells to water their lawns. More than half the 212 well permits issued since June were for irrigation, the county says.
That trend alarmed people who rely on wells for drinking water, still a large portion of the county's rural residents.
They are supported by groundwater experts, who say that any new wells probably draw from the same source as others within the area.
Anxious well users called on the county to do two things: temporarily stop residents from digging new irrigation wells and compel current well owners to follow water restrictions.
Jeff Crook, the county's staff attorney, said the request to the General Assembly is worded broadly to encompass both solutions.
Well regulations would not apply to farms.
The legal question whether counties can regulate wells is largely untested in North Carolina.
In October, Pinehurst enacted a temporary moratorium on well-digging.
The village gets its public drinking water from an aquifer, which is an underground water source.
Pinehurst reasoned that in drought conditions, irrigation wells were threatening the aquifer and, therefore, the health and safety of village residents, Village Manager Andy Wilkison said.
But Matthew Delk, Union's assistant county manager, questioned Pinehurst's interpretation of state law and said he does not think the county has that authority.
"This is something we need the advice of the state on how to handle," he said.
Union's resolution will be sent to the county's legislative delegation, the governor's office and the N.C. Association of County Commissioners, which will decide whether to lobby for the request.
Todd McGee, the association's spokesman, said his organization had already been discussing regulation of wells.
Sen. Eddie Goodall, a Union County Republican, said he has reservations about the idea.
"You've just got to be careful and understand the science of it before you start legislating," he said.
"People still have a right to that ground and, I'm guessing, the air above it and the soil below it."
Rep. Pryor Gibson, a Democrat who represents the more rural eastern section of Union County, said he would be happy to consider the county's proposal. But he said the drought is far-reaching.
"Regulating a couple of hundred wells in Union County does not come close to solving this drought issue," he said.
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