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Tales from the Trenches
Regional Land and Water News You Can Use
You
are receiving this email newsletter because of your existing or past
professional relationship with our firm. We trust you will find it of beneficial use. We welcome comments and suggestions for future issues of this newsletter.
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ALWI Presents Expert Testimony Supporting Municipal Well Condemnation
ALWI was retained to provide expert testimony and litigation support in a recent court case involving the proposed condemnation of an in-town golf course irrigation well.
As reported on September 16, 2010 in a copyrighted Carroll County Times article, our testimony related to the valuation of the condemnation, as the golf course owner would be entitled to greater compensation if the well were essential for continued irrigation than he would if other water sources existed.
The g olf course did not use the condemned well at all during the severe drought of 1999 and has another well, stormwater and discounted municipal water available for its use. Based on these facts and on the expert testimony of Mark W. Eisner, ALWI President, the jury arrived at a valuation of the condemnation acceptable to the town.
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ALWI Orally Presented at Annual MDE Groundwater Symposium
Mr. Eisner and Mr. David Pielmeier, ALWI Senior Scientist, co-authored a presentation made at the September 29, 2010 Maryland Department of the  Environment groundwater symposium. The symposium was attended by government officials, regulators and consultants, including many Registered Sanitarians attending to fulfill continuing education requirements of their licenses.
Our presentation followed acceptance of a submitted abstract, entitled "Separating Fact From Fiction: Careful Hydrogeologic Evaluation May Protect Against Unfair and Baseless Domestic Water Supply Impact Allegations." It focused on methods and experiences in separating water well impacts caused by neighboring extraction activities from those constituting pre-existing susceptibility to low water yield or poor natural quality. We offered concrete examples and made detailed recommendations for baseline assessments to help Marcellus interests parse genuine impacts from questionable allegations.
Baseline hydrogeologic evaluations of the type we recommended are rapid and cost-effective. ALWI would welcome the opportunity to discuss the application of our recommendations to a specific circumstance or need.
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Did You Know: The Need for and Availability of Water May Limit the Size of the Allocation on an MDE Groundwater Appropriation Permit
The Maryland Department of the Environment (MDE) regulates groundwater and surface water use in Maryland through the water appropriation permit process. In the last issue of Tales, we presented an overview of requirements for this permit.
Under the Reasonable Use Doctrine, applicants and permittees have a fundamental right to make a reasonable use of water associated with their land, provided such use does not unreasonably affect the similar rights of others or the State's water resources as a whole.
MDE applies a three-fold test for reasonableness:
1. Is the Water Both Needed and Available? - MDE assesses whether the quantity requested is reasonable in terms of the projected water demand for the proposed use and whether the supply is available. Detailed water demand evaluations often are required, as are robust predictions of the drought-level sustainable capacity of raw water sources such as wells, springs and surface water intakes.
2. Will Other Water Resources be Impacted? - MDE has developed (and refines as a continuing process) standard methods for assessing the sustained availability of water resources without undue or adverse impact on the State's groundwater and surface water resources, including downstream aquatic habitats. Methods depend on the local hydrogeologic setting, but are geared to promote equitable, long-range sharing and protection of groundwater and surface water resources.
3. Are Competing Users' Supplies Protected? - MDE requires pumping tests and quantitative predictions to assess whether the proposed withdrawal will cause other water supplies to fail. In this context, "other supplies" is construed broadly and encompasses wells, springs and the rights of downstream users. Monitoring and mitigation are hallmarks of initial studies and permit compliance conditions, accordingly.
Read more about these criteria on our web site or in future editions of Tales from the Trenches.
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Contact Us:7540 Main StreetSuite 7Sykesville, MD 21784info@alwi.com410-795-4626 phone 410-795-4611 fax
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Upcoming Events:
May 2011 - National Ground Water Assoc. Meeting in Baltimore - Amy Martinez has submitted an abstract regarding her research and observations on the unexpected controls and data trends in field determinations of aquifer parameters such as hydraulic conductivity. Mark Eisner also is preparing an abstract on a differing application of forensic hydrogeology. News of acceptance of these abstracts will be in a future edition of Tales.
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Spotlight
Jackie Piccirilli
As our marketing and business development coordinator, Jackie has been a vital member of the ALWI team for more than three years.
Jackie is a Sykesville native and graduated from Chapelgate Academy. She now is studying psychology and marketing during evenings at UMUC.
Jackie enjoys live music performances, and together with fiance, Josh, is planning a June wedding.
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ALWI Speaks to Adams County Water Advisory Committee
ALWI recently concluded a multi-year engagement as the sole hydrogeological firm on a Pennsylvania Dept. Environ. Protection contract to assess and improve the safety and reliability of small water systems. Building on this experience and based on local concerns about the water resources impacts arising from the possible development of a major casino, ALWI was invited to make a presentation to the Adams County Water Resources Committee.
Our October 25, 2010 talk focused on the design of projects intended to achieve groundwater supply sustainability, including project scoping and contracting concepts worthy of public agency consideration.
Topics covered and suggestions made are appropriate for any municipality or public utility facing water supply expansion needs, whether developer-paid our otherwise. We would welcome the opportunity to share our thoughts and ideas in this connection; please contact us to schedule a meeting, workshop or presentation at your office or Town Hall.
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About Us - Read More at www.alwi.com
Advanced Land and Water, Inc. is a hydrogeological and environmental consulting firm with extensive Mid-Atlantic regional experience in water supply and wastewater disposal. Our water supply experience extends to both groundwater and surface water, and includes exploration, development, permitting, management and protection of both new and existing supplies. Our wastewater services include soil classification and suitability evaluations, percolation tests, spray and drip irrigation studies, infiltrometer tests, groundwater mounding calculations and nitrate loading assessments. We also provide a diversity of GIS mapping, environmental and other specialty consulting services. |
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