Appeal of Water Management Act

Registration Renewals 

On Thursday, April 27, 2023, the Ipswich River Watershed Association, the Parker River Clean Water Association and the Massachusetts Rivers Alliance administratively appealed the new 10-year registrations that regulate large water withdrawals in the Ipswich and Parker River watersheds. Registrations are a class of water withdrawals created by the 1986 Water Management Act that authorized previously existing withdrawals over 100,000 gallons per day. For the last nearly forty years, these registrations did not include any water conservation requirements. Registrations currently make up more than 80% of withdrawals in the Ipswich River so represent the vast majority of water use in the River.

This January, the Massachusetts Department of Environmental Protection (MassDEP) issued regulations to condition registrations during State-declared droughts. While the regulations were a good first step, they did not go far enough to conserve water and do not fully account for the changing climate. Unfortunately, registrants around the State including several in the Ipswich Watershed have filed a lawsuit and administrative appeals challenging even these common sense conditions. 

We are participating in administrative proceedings concerning registrations to preserve our right to advocate for water preservation in Massachusetts. The significant hydrologic stress experienced routinely in the Ipswich and Parker River watersheds as well as many other rivers in the State demonstrate the impact of dewatering primarily from groundwater withdrawals. According to the U.S. Geological Survey, the Ipswich and Parker Rivers are the two most flow-depleted major rivers in New England – and excessive water withdrawals are the main reason. These withdrawals resulted in the Ipswich River being declared one of the 10 Most Endangered Rivers in America in 2021.

We are not challenging registrants’ ability to provide adequate water for their communities. Our appeal is designed to put registrations on an equal footing with other water users to achieve the balance among water users that the Water Management Act requires “to ensure an adequate volume and quality of water for all citizens of the Commonwealth, both present and future”. “It is unfortunate that we had to take this step” says Executive Director Wayne Castonguay “but we felt we had no choice but to file the appeals to ensure that we have a seat at the table when decisions about future water use in the River will be made.”