Can I Drill My Own Well?

In the main, the USA is fortunate enough to have plentiful water supplies, and not just plentiful, but high-quality. Much of it is supplied by the government and is sometimes known as municipal water. We don’t have to go looking for it: it is brought to us.

This question, then: “Can I drill my own well?” might invite the response, “Why would you want to?” That would probably be the reaction of some people in state government departments when dealing with such requests.

It could be argued that if you do want to, essentially that is your business. It is estimated that there are 13 million private wells in this country, many of which presumably predate municipal water. In other words, they were constructed through necessity in the pioneering days when individuals and families were setting themselves up with a home and establishing some basic home comforts. Having their own well would have been seen as something of a luxury.

The population today faces very different issues, such as climate change, which bring challenges at both ends of the scale: droughts and flooding, so having your own well may be seen as a way of maintaining independence and being in control of your own destiny. It does, though, come with a great deal of responsibility, not least in the areas of health and hygiene.

There is no single answer to the question “Can I drill my own well?” because if it means “Am I permitted to drill my own well?”, it all depends on where you live. Rules vary between states, but it is easy enough to find out. Make inquiries at local government level and you will find out whether it is legal - before you reach the very different issue of whether it is encouraged or frowned upon.

Let’s say the answer is yes, it is legal to drill your own well. The next question is whether there is water beneath your land. Do you have access to an aquifer, a layer of rock or soil that contains a significant amount of water?

Next question: who owns that water? Is it contained solely below your property, or does it extend to somebody else’s? Here we find ourselves in legal territory and the concept of “doctrines”. A doctrine is more often defined as a set of beliefs that exist in a religion or a political party, but in this case, it is concerned with what is considered morally right or wrong.

The Doctrine of Absolute Dominion says if there is water under your property, you can use as much of it as you like.

The more civilized, more neighborly Reasonable Use Doctrine says that you can take as much as you like as long as it doesn’t have a detrimental effect on other people who share the same aquifer.

Then there is the first-come, first-served one known as the Doctrine of Prior Appropriation, which is similar to Absolute Dominion in its disregard for others.

If this all sounds like it is going to end up in court, that is a realistic assumption.

Are You Capable of Drilling a Well?

Once you have established that you have the right to drill a well there comes the practical aspect. How deep are you going to have to go and are you capable of doing that? Here we come to the difference between a permit and a license. Getting a permit means you can have the work done, but having a license means you are considered to have the skills and knowledge to do it yourself. And that is before we reach the issue of water purity and how you are going to make sure your water is safe to drink, and the further consideration of making it taste and smell good.

All in all, constructing your own well is not an easy option. If it’s legal where you are, it can be done, but is it worth the effort and the possible anguish? That is for you to decide.