Is It Legal To Drill Your Own Well? (Guide for Every State)

Tapping into your very own groundwater supply can save you hundreds of dollars on water bills and give you cleaner, tastier, better-quality water.

You’re now probably wondering what the next steps are – and, importantly, can you legally drill your own well, and do you need any permits?

We’ve covered everything you need to know in this guide.

❗️ Disclaimer: The following article is for educational purposes only and does not constitute legal advice. The content is intended to provide general information about drilling your own well and the applicable laws. It is your responsibility to seek the advice of a licensed professional and comply with the laws and regulations in your state or local jurisdiction. The authors and publishers are not responsible for any damages or liabilities arising from your use or reliance on the information in this article.

🤔 Can You Legally Drill Your Own Well? Overview

So, can you drill your own water well?

In short, you might be able to handle your own water well drilling, but you will need to check with your state.

Some states may only allow a licensed well driller to drill a well, while others will allow all homeowners to do their own well drilling – as long as they apply for, and get approved for, a permit. Some may not even require permits for well drilling.

Before you start looking into DIY well drilling options, make sure to check your city and county legislature to make sure you fully understand all the regulations that you need to adhere to.

Keep in mind that different states have different laws due to water availability, which is why the water rights in the country aren’t handled federally.

Contact your state if you have any questions or uncertainties, but you’ll find an overview of a number of common groundwater laws in this article.

📜 What Are The Common Groundwater Law Doctrines?

Water law in the US is wide-reaching, so here, we’ve discussed some of the principles that should give you an overview of your state’s groundwater rights.

Note that groundwater, surface water, and rainwater all have their own separate laws.

If you live in a western state, be aware that your state will likely have different water laws than states in the east, which have better water availability.

Let’s take a look at which groundwater law doctrines are commonly followed for water usage and distribution.

Doctrine of Reasonable Use

The Doctrine of Reasonable Use, or the “American Rule” as it’s otherwise known, allows the owner of a property to have access to the groundwater on their land as long as they use this water “reasonably” and don’t impact the availability of the water to those who might also use the aquifer.

The term “reasonable use” is up for interpretation, and your state will likely have a specific definition. However, the general meaning is that you and your neighbors should be able to responsibly enjoy your groundwater, and nobody should excessively use or waste the water for any purpose.

Some of the states that follow the Doctrine of Reasonable Use include Delaware, Michigan, Oklahoma, Virginia, Illinois, and Alabama.

Doctrine of Absolute Dominion

The Doctrine of Absolute Dominion, also known as the “English Rule,” allows property owners to have free reign of the groundwater that’s accessible on their land. That means they can use as much water as they want, even if this could impact those who tap into the same groundwater supply.

The issue with this rule is that it favors folks who have the biggest wells and the most powerful pumping systems, and it disregards water conservation.

Unsurprisingly, the Doctrine of Absolute Dominion isn’t commonly used by states nowadays. Some states that still use this doctrine are Georgia, Maine, Texas, Vermont, and Mississippi.

Doctrine of Correlative Rights

The Doctrine of Correlative Rights allows property owners living directly above a groundwater supply and those who want to divert groundwater to their own properties to have shared access of the aquifer, according to a court.

Regions with limited groundwater, where water is a precious resource, may choose to use this doctrine.

Some of the states that follow the Doctrine of Correlative Rights are California, Oklahoma, Nebraska, and Iowa.

Doctrine of Prior Appropriation

The Doctrine of Prior Application is a very old doctrine that works on a “first come, first serve” basis, meaning that the holder of the primary rights to a groundwater supply is the first person to use the water.

There are a few obvious issues with this doctrine, and many states have moved away from it in recent years.

The Doctrine of Prior Appropriation is still used in some parts of states including Alaska, Idaho, Oregon, New Mexico, Nevada, and Washington.

Doctrine of Restatement of Torts

The Doctrine ofRestatement of Torts combines the Doctrine of Reasonable Use and the Doctrine of Absolute Dominion.

Under this doctrine, as long as a property owner reasonably uses a groundwater supply for a beneficial purpose, they won’t be liable for interference.

There are only a few states that currently follow the Doctrine of Restatement of Torts: Ohio, Wisconsin, and Michigan.

🧐 Which Doctrine Affects Well Owners?

If you own a private well, it’s more than likely that the Doctrine of Reasonable Use doctrine that applies to you, regardless of where you live.

Under this doctrine, you can tap into a groundwater supply on your land, but you shouldn’t unreasonably use the water. That means you can’t use excessively wasteful amounts of water that could affect the usage of anyone else who taps into the same aquifer.

What is “reasonable” use? For the average homeowner, that means using water as you would normally for home, gardening, and other personal use.

You should be in compliance with the majority of groundwater laws as long as you follow this principle.

📖 Well Drilling: What To Know

There are two types of wells that you could dig on your property: a shallow well (less than 30 feet deep) and a deep well (anything from 30 feet to more than 300 feet below the ground).

There are pros and cons of different well types, but the depth of the well hole depends on your property’s location. Some homeowners may have access to a shallow water table, while others will have to dig deeper to reach a water table further beneath the ground.

If your project falls into the deep well category, you’ll need to hire a professional drilling company to dig the well. There’s no way to safely dig your own deep well, since heavy equipment and drilling rigs are required.

But if you’ve found out that you have access to a shallow aquifer and you want to dig your own well, you need to know whether this is an option in your own state.

📝 What Do You Need To Dig A Well?

There are a few different things that you might need to dig a well on your property:

A Permit

A permit is an official document that’s given to you by your county or state, which temporarily (at the time of receiving the permit) authorizes you to dig a well on your property – as long as specific guidelines are adhered to.

You will need to file for a permit to dig a well hole in most states, and depending on where you live, you might need to apply for an additional special permit alongside this.

How do you apply for a permit to dig a well? Usually by filing with your state’s Environmental Quality or Water Resources department. You will generally need to pay to submit the application and provide information on the type of well you plan to drill, the well depth, and the amount of water you plan to use.

A License

A license is a warrant that’s issued by a state for professional well contractors only. When a contractor is awarded a license, it means they’re properly educated and trained – and have usually passed testing as proof of their competence.

Some states require that licensed professionals must drill shallow and deep wells in the region, usually because the state of the local geology requires professional handling.

This rules out the possibility of digging your own water well, and you should contact a well contractor with a license to continue with the next steps. Professional well drilling is expensive, but the advantage is that the well contractor will handle all other state and local requirements, including permits.

Water Rights

If your state follows the Doctrine of Prior Appropriation or Absolute Dominion, you might also need water rights before you can dig a well on your property.

Don’t assume that you already have water rights just because you have property rights. It’s better to be safe than sorry, so check with your state to be sure.

You might be able to grandfather in your appropriate water rights, or you might need to purchase them. You can check your state’s water resource records to learn more.

Even if your state doesn’t require a permit or a license to dig a well, we strongly recommend searching online or contacting your local authority to learn of any other rules that you might need to adhere to before you get started.

⚖️ What Are The Groundwater Laws In Each State?

Different states have different groundwater laws. Use this glossary to find your state’s requirements for drilling a well.

❗️ Note: This information is correct at the time of publishing the article, but we strongly recommend checking with your local authority to confirm that there are no new laws, requirements, or regulations before you start digging a well.

Alabama

State requirements: Well driller’s license

The primary doctrine in Alabama is the Doctrine of Reasonable Use.

According to the Alabama Department of Environmental Management, wells in this state can only be constructed by licensed contractors.

The state’s Water Well Standards Program states that anyone who wants to drill a well must apply for a license for well drilling, and must also pay a fee of $200.00 annually.

So, short of getting your own license (which will require becoming an expert well driller), your best solution is to hire a licensed well contractor or drilling company.

Alaska

State requirements: Water rights

The primary doctrine in Alaska is the Doctrine of Prior Appropriation.

The Alaska Division of Environmental Health requires homeowners to own the water rights to access groundwater on their property.

Residents can apply for water rights through the state’s Department of Natural Resources at a fee of $100 per residence.

Arizona

State requirements: Notice of intent & license required for most wells

The Primary doctrine in Arizona is the Doctrine of Reasonable Use.

According to the Arizona Department of Water Resources, anyone who wants to drill a well in the state will need to file for a Notice of Intent, at the expense of a filing fee.

Many well drilling projects in the state require a driller’s license, but Arizona State Legislature notes that residential wells with a maximum capacity of less than 35 gallons per minute may be exempt.

Check with your local agencies to see if you need any additional permits to drill your well.

Arkansas

State requirements: Certificate of registration & contractor’s license

The Primary doctrines in Arkansas are the Doctrine of Reasonable Use and the Doctrine of Correlative Rights.

The State of Arkansas Dept. of Agriculture says that anyone who wants to carry out a well pump installation or drill a well in the state needs to have both:

• An Arkansas Certificate of Registration in Water Well Drilling or Pump Installation
• An Arkansas Water Well Contractor’s License

There are few occasions where these rules may not apply to you, but you’ll still need to request permission from the commission. A fee applies.

California

State requirements: Permit

The primary doctrine in California is the Doctrine of Correlative Rights.

If you want to drill a well in most counties in California, you’ll need to apply for a permit and wait for it to be approved by your local jurisdiction.

According to the California Department of Water Resources, groundwater requirements are managed locally rather than being regulated by the state.

Colorado

State requirements: Permit

The primary doctrine in Colorado is the Doctrine of Prior Application.

You will need to apply for a permit to construct a well or use groundwater with the Colorado Dept. of Water Resources. There are different permits for different proposed uses:

• Household use only permits are issued to properties with less than 35 acres.
• Domestic use permits are issued to properties with more than 35 acres and the intention to use their water for livestock purposes.

You can find out which permit you need by contacting the Water Resources Department.

Connecticut

State requirements: Permit and license

The primary doctrine in Connecticut is the Doctrine of Absolute Dominion.

The Connecticut Department of Consumer Protection regulates private well construction in the state. According to the state laws, everyone proposing to drill a well should have a state license, and should also be registered with the state (at a fee of $5).

The property owner will also be legally responsible for well water testing and maintenance. Read the Well Drilling Code to learn more.

Your local county might have additional requirements and regulations.

Florida

State requirements: Permit and license (in some cases)

The primary doctrine in Florida is the Doctrine of Reasonable Use.

According to Florida State Legislature, the construction and repair of wells should be carried out by contractors with a valid license.

However, Section 373.326 of the Water Resources Code states that if a person plans to construct a well that’s smaller than 2 inches in diameter, they don’t need a license.

Your local county health department might still require you to apply for a digging permit.

Georgia

State requirements: EPD permit & Public Health license

The primary doctrine in Georgia is the Doctrine of Absolute Dominion.

The requirements of the Georgia Department of Public Health are that only licensed well drillers can construct wells in the state.

Contractors can apply for a well drilling permit through the Environmental Protection Division.

Hawaii

State requirements: Permit

The primary doctrine in Hawaii is the Doctrine of Correlative Rights.

In Hawaii, residents must obtain a permit for the construction of a private well. Permits can be obtained from the state’s Commission on Water Resources.

Idaho

State requirements: License

The primary doctrine in Idaho is the Doctrine of Prior Application.

According to the Idaho Department of Water Resources, only licensed well contractors can perform well construction in the state.

Contractors can obtain drilling licenses by applying through the Water Resources department.

Illinois

State requirements: License

The primary doctrine in Illinois is the Doctrine of Reasonable Use.

The Illinois Department of Public Health says that only licensed contractors can carry out any well construction requiring a drilling rig.

However, property owners who plan to install a driven well don’t need a license but may still need to obtain a permit from their county agency.

Indiana

State requirements: License

The primary doctrine in Indiana is the Doctrine of Absolute Dominion.

Anyone who wants to dig or drill a well in Indiana must have a license. This can be obtained through the state’s Department of Natural Resources.

Non-licensed homeowners can’t legally dig or drill a well in any circumstances.

Iowa

State requirements: License

The primary doctrine in Iowa is the Doctrine of Correlative Rights.

If you live in Iowa, the state’s Department of Natural Resources requires that you contact a certified well contractor to install a well on your behalf.

You can use the state’s own list of certified contractors to find a professional who is legally allowed to drill wells.

All contractors with a license for well drilling in Iowa must be aware of, and adhere to, Iowa’s construction standards.

Kansas

State requirements: License

The primary doctrine in Kansas is the Doctrine of Prior Application.

According to the Kansas Department of Health and Environment, anyone who wishes to drill a well on their property will need to hire a licensed well driller.

You can find contractors and learn more about applying for well drilling on the state’s Well Water Program website.

Kentucky

State requirements: License

The primary doctrine in Kentucky is the Doctrine of Reasonable Use.

Homeowners in Kentucky also need to hire a certified well contractor, according to the Kentucky Energy and Environment Cabinet.

A well drilling permit isn’t required in this state.

Louisiana

State requirements: License

The primary doctrine in Louisiana is the Doctrine of Absolute Dominion.

Anyone living in the State of Louisiana should adhere to the state legislature regarding well drilling, which says that any well installation should be carried out by a contractor with a relevant license.

You can visit the Office of Conservation’s website to learn more about regulations for well drilling and groundwater use.

Maine

State requirements: License

The primary doctrine in Maine is the Doctrine of Absolute Dominion.

If you live in Maine, you should hire a professional contractor with an up-to-date license to drill or dig your well, regardless of depth.

The Maine Well Water Commission also handles well license drilling applications and renewals.

Maryland

State requirements: License and permit

The primary doctrine in Maryland is the Doctrine of Reasonable Use.

According to the Maryland Geological Survey, a permit must be obtained for private well drilling, and the construction work should be carried out by a licensed well contractor.

Permits can be obtained by the Maryland Department of the Environment, and, post-construction, a well-completion report must be produced and submitted by the contractor to the County health department.

Massachusetts

State requirements: License

The primary doctrine in Massachusetts is the Doctrine of Absolute Dominion.

If you live in Massachusetts, you’ll need to contact a well drilling company with a license for all well digging requests, according to Massachusetts State Law.

You can learn more about the state’s guidelines for well drilling and get information on private well ownership on the Commonwealth of Massachusetts website.

Michigan

State requirements: Permit

The primary doctrine in Michigan is the Doctrine of Reasonable Use.

Michigan doesn’t have a state-wide law on permit use for well drilling. To legally construct a well in this state, you’ll need to comply with the Michigan Water Well Construction and Pump Installation Code.

Permits are issued by local county health departments. Make sure to read up on local laws before you begin.

Minnesota

State requirements: Permit & license (for some wells)

The primary doctrine in Michigan is the Doctrine of Absolute Dominion.

Homeowners who want to drill a drive-point well can do so without a permit or a license. However, the well construction must comply with the requirements outlined by the Minnesota Department of Health.

Once a private water well has been constructed, you will need to notify the county office, which will conduct a final inspection and approval of the well.

Mississippi

State requirements: Permit & license

The primary doctrine in Mississippi is the Doctrine of Absolute Dominion.

A licensed contractor should always be used when drilling a well in Mississippi, as outlined by the state’s Office of Land and Water Resources.

Homeowners will also need to file for a permit from the Department of Environmental Quality.

Missouri

State requirements: No permit needed for private homeowners

The primary doctrine in Missouri is the Doctrine of Prior Appropriation

Private homeowners living in Missouri can drill their own well without a permit – as long as it’s on their property and the regulations for well installation are adhered to.

However, contractors who charge fees for drilling a well need to obtain a permit for well construction, as per the rules of the Missouri Dept. of Natural Resources.

Montana

State requirements: Permit sometimes required

The primary doctrine in Montana is the Doctrine of Reasonable Use.

If you want to access well water on a property in Montana, you could do one of two things:

1. Hire a contractor (who will need to obtain a license and permit for the job, according to the Montana Department of Natural Resources)
2. See if you have special circumstances that mean you can install a well on your property without having to obtain a license. The Montana DNR should offer more information.

Your county might also still require water rights, so check that, too.

Nebraska

State requirements: Registration with DNR

The primary doctrine in Nebraska is the Doctrine of Reasonable Use.

Property owners living in Nebraska can tap into the Ogallala Aquifer, one of the biggest aquifers in the country. You’ll need to register your well with the Department of Natural Resources.

You don’t need a license to construct a well as long as you meet all local regulations and the well is on your own property. You might still need a permit – contact your local Natural Resources District to see if this applies to you.

Nevada

State requirements: License

The primary doctrine in Nevada is the Doctrine of Prior Appropriation.

Well owners in Nevada don’t have to file for a water rights permit according to state law – as long as their well doesn’t draw more than 1,800 gallons of water daily.

However, only licensed well drillers can drill wells (regardless of their size or depth) in Nevada, and these contractors should file drilling logs within 30 days with the State Engineer.

New Hampshire

State requirements: License

The primary doctrine in New Hampshire is the Doctrine of Reasonable Use.

A professional well driller in New Hampshire must obtain a license from the state’s Well Water Board.

New Hampshire’s Department of Environmental Services governs water use, and anyone planning to install a well in the state should check the department’s regulations for groundwater use.

New Jersey

State requirements: License & permit

The primary doctrine in New Jersey is the Doctrine of Correlative Rights.

Homeowners can’t legally drill their own wells in New Jersey. The job should be handed over to a licensed well driller, who is issued with a permit by the New Jersey Division of Water Supply for well installation and servicing in the state.

The driller should submit a well record after installing the well, and a well abandonment report should be filed when a well has been decommissioned.

New Mexico

State requirements: License & permit

The primary doctrine in New Mexico is the Doctrine of Prior Appropriation.

According to New Mexico state law, wells in the state should only be installed by licensed contractors.

Contractors must obtain a permit from their local Office of State Engineer for well installation.

New York

State requirements: License

The primary doctrine in New York is the Doctrine of Reasonable Use.

Wells in New York can only be drilled by contracted drillers, who should register in advance with the Department of Environmental Conservation before carrying out any well construction works.

Prior to drilling a well, the licensed contractor should inform the DEC of the project, and once the well has been installed, a Water Well Completion Report should be filed.

The New York Department of Health produces and regulates its own standards for well water use.

North Carolina

State requirements: Permit

The primary doctrine in North Carolina is the Doctrine of Reasonable Use.

If you want to install a well in North Carolina, you’ll need to obtain a permit from your local county.

Private wells in the state are regulated by North Carolina’s On-Site Water Protection Branch (part of the N.C. Division of Public Health, Environmental Health Section). Fees and permit requirements for private well drilling vary depend on the different counties.

North Dakota

State requirements: No permit or license needed

The primary doctrine in North Dakota is the Doctrine of Prior Application.

You can construct a well in North Dakota without a permit, as long as your well draws less than 4,073,000 gallons of water annually.

Otherwise, large wells will need a permit, as per the North Dakota State Water Commission regulations. Your well drilling should still comply with various chapters of the North Dakota Century Code.

Ohio

State requirements: Permit

The primary doctrine in Ohio is the Doctrine of Restatement of Torts.

If you want to construct your own well in Ohio, you should register with the Department of Health and apply for a valid permit from the state’s board of health.

The Ohio Administrative Code shares more information on the legalities of drilling a well in Ohio.

Oklahoma

State requirements: License

The primary doctrine in Oklahoma is the Doctrine of Reasonable Use.

There are no circumstances that allow private homeowners to drill their own wells in Oklahoma.

Well drilling must always be carried out by a driller with a license, according to regulations outlined by the Oklahoma Water Resources Board.

Oregon

State requirements: No license or permit required

The primary doctrine in Oregon is the Doctrine of Prior Appropriation.

You can dig your own water well in Oregon as long as the well is designed for “single or group domestic purposes” and you don’t plan to draw more than 15,000 gallons of water per day, according to ORS 537.545 exemption criteria.

The state’s Water Resources Department outlines Well Construction & Compliance regulations that anyone digging a well in Oregon should adhere to. The Department strongly recommends that a contractor with a license is used for well water system installation.

Pennsylvania

State requirements: No license or permit required

The primary doctrine in Pennsylvania is the Doctrine of Reasonable Use.

If you want to dig a private residential well in Pennsylvania, you can do so without a license or a permit – although the Department of Environmental Protection recommends hiring a professional with a license for drilling wells.

Your local city or county might still have permit requirements that you should read up on before getting started with well construction.

Rhode Island

State requirements: No license or permit required

The primary doctrine in Rhode Island is the Doctrine of Absolute Dominion.

Homeowners in Rhode Island can construct a well without a license as long as they meet all regulations and the well is constructed on their own property.

Section 46-13.2-7 of Rhode Island General Laws states that the well must be constructed for consumption of the homeowner, livestock, or farming, and shouldn’t be used in any additional residence or by the public. A well installation report must also be submitted after construction is completed.

According to the Rhode Island Department of Health, homeowners are solely responsible for well water testing and maintenance.

South Carolina

State requirements: Permit

The primary doctrine in South Carolina is the Doctrine of Reasonable Use.

If you want to drill a well on your own property in South Carolina, you don’t have to be licensed – as long as you adhere to state regulations.

However, you will still need to file a notice of intent with the South Carolina Department of Health and Environmental Control and obtain a permit before you start constructing a well.

If you choose to hire a contractor, they should be licensed by the state.

South Dakota

State requirements: No license or permit required

The primary doctrine in South Dakota is the Doctrine of Prior Appropriation.

Property owners who want to drill a small well for domestic use (which doesn’t draw more than 25,920 gallons of water per day) can do so without a permit, according to the South Dakota Department of Natural Resources.

You’ll need to apply for a permit if you plan to construct a well that’s larger than this or isn’t intended solely for domestic use.

Tennessee

State requirements: License

The primary doctrine in Tennessee is the Doctrine of Correlative Rights.

Everyone who wants to drill a well in Tennessee, regardless of the well type or size, should obtain a license to do so.

Well drillers can obtain a license from the Well Driller Supervision Program, and should adhere to the standards outlined in the Well Water Act of 1963.

Texas

State requirements: No license or permit required

The primary doctrine in Texas is the Doctrine of Absolute Dominion.

You don’t need a license for drilling a well on your own property in Texas. However, due to the dangers of poor well construction, the Texas Groundwater Protection Committee recommends that homeowners use a licensed water well driller to construct a well on their property.

Your region might have specific guidelines for well water – check this with your Groundwater Conservation District.

Utah

State requirements: Water rights and license

The primary doctrine in Utah is the Doctrine of Prior Appropriation.

Up until 2022, property owners didn’t have to obtain a license to drill wells less than 30 feet deep in Utah.

However, a recent amendment to the well statue and rule regarding shallow water wells now permits the State Engineer the authority to regulate all water wells, regardless of depth – and homeowners must now hire a licensed well driller even for the construction of shallow wells.

The property owner must also obtain a water right before construction work begins.

Vermont

State requirements: License

The primary doctrine in Vermont is the Doctrine of Reasonable Use.

Anyone who wants to drill a well in Vermont must be licensed by the Commission, according to the state’s Well Driller Licensing Rule.

The licensed contractor should also submit a Well Completion Report (WCAR) within 90 days after construction is finished.

Virginia

State requirements: License and permit

The primary doctrine in Virginia is the Doctrine of Reasonable Use.

There are no state-wide managed regulations for groundwater use in Virginia. Instead, laws and regulations are managed by your local health district.

The requirements for drilling your own well vary from one county to the next. Most require you to obtain a license and permit to drill a well. Contact your district to learn more.

Washington

State requirements: No license or permit required

The primary doctrine in Washington is the Doctrine of Reasonable Use.

If you want to drill a well on your own property for use by your family only, you can do so – but no more than once every two years.

Otherwise, you’re required by the state government to obtain an operator’s license from the Department of Ecology.

West Virginia

State requirements: License and permit

The primary doctrine in West Virginia is the Doctrine of Reasonable Use.

There are no exceptions to West Virginia’s laws regarding well drilling: all residents who want to construct a well must hire a licensed well driller and obtain a permit from their local Health Department.

Wisconsin

State requirements: License (for well pump installation)

The primary doctrine in Wisconsin is the Doctrine of Restatement of Torts.

You don’t need a license to drill your own well in Wisconsin, as long as the well is installed on your own property or is a driven-point well, but you will need to hire a licensed contractor to install a well pump.

Wisconsin state law also says that, regardless of who installs the well, the construction must comply with the Well and Pump Code, and a Well Construction Report must be produced and submitted to the Department of Natural Resources.

Wyoming

State requirements: Permit

The primary doctrine in Wyoming is the Doctrine of Prior Appropriation.

According to the Wyoming Water Well Contractors Licensing Board, anyone who wants to construct a well should have a license – apart from if the well is to be drilled on the individual’s own property.

You’ll need to obtain a permit to construct a well on your property (find out more via the Engineer’s Office), and there are strict standards that you should comply with.

📑 Final Word

Many states allow property owners to dig their own wells, but usually, a permit is required at the very least, and it’s unlikely that a homeowner will legally be authorized to drill a deep well.

Well drilling is a large and expensive task, so make sure to check with your local municipality to ensure you’re compliant with all their regulations and restrictions before you get started.