Massachusetts Water Management Act

The 1986 Water Management Act forms the foundation for water resource management in Massachusetts. This law requires the balancing of competing water uses in an effort to protect environmental quality, habitat, and recreation while assuring an adequate supply of clean water to support legitimate human needs, both today and for future generations.

The Act requires that a permit be obtained for all consumptive water uses of 100,000 gallons per day (gpd) or more. Water withdrawals in effect immediately prior to the time the Act became law were granted a renewable right to the volumes of water they were then using, provided these withdrawals were registered with the Department of Environmental Protection (DEP). Water users with registered water withdrawals do have to obtain a water withdrawal permit should they wish to increase their withdrawal by 100,000 gpd or more over their registered withdrawal volume. Anyone proposing a new water withdrawal of 100,000gpd or more must also obtain a permit.

The Water Management Act does give the DEP the authority to regulate water withdrawals falling below the 100,000 gpd threshold, either on a statewide or a case-by-case basis, but the DEP has not yet exercised this authority.

Water Management permits are issued for 20 year terms, with review by the DEP scheduled at five year intervals. When applications for new permits are submitted to the DEP, there is an opportunity for public comment. Water Management permits include conditions relating to water conservation, and permit holders are expected to implement water conservation and efficiency measures. For more information on the Water Management Act and the DEP’s Water Management Program visit the DEP Web Site.