TRANSITIONS IN MIDWESTERN GROUND WATER LAW¹

Abstract

The evolution of ground‐water law in eight states in the Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) is examined, and a review of transitions in ground‐water doctrines is presented. Two underlying themes in changing ground‐water management are communicated. First, ground‐water law is evolving from private property rules of capture based on the absolute ownership doctrines to rules requiring conservation and sharing of ground water as a public resource. Second, in both courts and state legislatures, a proactive role of ground‐water management is emerging, again, with an emphasis on sharing. Both of these trends are apparent in the Midwest. In the last decade midwestern states have (1) seen significant shifts in court decisions on ground‐water use with greater recognition of the reciprocal or mutually dependent nature of ground‐water rights, and (2) seen increased legislative development of comprehensive ground‐water management statutes that emphasize the reciprocal liabilities of ground‐water use. These trends are examined and ground‐water management programs discussed for eight states in the Midwest.