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Wells and boreholes are interventions in the landscape, and therefore they are subject to numerous laws and regulations. Many people often do not know what obligations they have towards the authorities and thus expose themselves to the risk of significant penalties. Ignorance, even in this case, is no excuse.
The issue of pumping water from your own sources is governed by several laws. The most important of these is the Water Act, followed by the Building Act, the Act on Water Supply and Sewerage, the Act on the Protection of Agricultural Land, the Act on the Protection of Nature and Landscape, and several dozen decrees and regulations. Of course, if you decide to build your own borehole on your land, you do not need to know all these laws in detail. However, there are several common situations in which well owners violate the law without knowing it.
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Dug and drilled wells are interventions in the landscape and affect the water cycle in nature.
Groundwater on your land is not yours; you can only – under legally stipulated conditions – pump it for free. The law specifically states that surface and groundwater are not subject to ownership and are not part of or accessories to the land on or under which they occur. Water occurring in the natural environment cannot be owned by any specific natural or legal person. It can only be used based on assigned rights.
Pumping water from a well on your own land affects the entire water cycle in nature, the level of groundwater, and the water in surrounding wells. Building your own well is therefore subject to strict assessment by the water authority and the building authority. Before starting construction, you must have:
The construction of a dug or drilled well must be carried out exclusively by a company with the appropriate permit (a certificate of professional competence issued by the Ministry of the Environment). After the construction is completed, you will still need to have the well approved, after which you can start pumping water.
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Groundwater on your land is not yours.
You can pump water from your own sources only to the extent permitted by the relevant water authority or municipal office. The maximum volume of pumped water is usually part of the groundwater extraction permit, and some authorities monitor compliance with this condition by installing a water meter. Even if you have an unlimited extraction permit, the authority can retroactively set a limit.
The municipal office can limit extraction even temporarily, especially during periods of drought. This usually involves a ban on using water for certain purposes, such as filling swimming pools or watering gardens. The restriction may also relate to the maximum volume of pumped water. Such a decision must be announced by the authority on the official board or on the website. Ignorance is no excuse, and failure to comply with the ban results in significant fines from the authorities.
You are always responsible for the quality of water from your own sources. It is not true that if your neighbour has good water, yours will be of good quality too. Each source is different and may contain a range of pollutants or even health-threatening substances. You will only find out if your water is safe by having a professional water analysis conducted in an accredited laboratory. If you do not monitor the quality of the well water yourself, you risk serious health problems, and moreover – if you cause health issues to another person, you bear legal responsibility for it.
Therefore, based on a professional water analysis, have an expert company prepare a proposal for custom water filtration and treatment. A water filter can be part of a domestic waterworks. It is also your duty to regularly clean the well and maintain it in good technical condition.
Water distribution from your own sources and water from the water supply system must never be connected. Such a connection would pose a risk of contamination of the entire drinking water source. If you want to have well water and water from the waterworks available in your household, for example, due to the risk of the well drying up, you must have two separate distribution systems.
You can discharge used water from your own sources into the public sewer system, but in such a case, you must pay sewerage fees and have a water meter installed.
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Violation of the Water Act is strictly punished.
If you want to pump water from a stream, river, lake, or pond, for example, for garden irrigation purposes, you also need approval from the water authority. This obligation applies especially in cases where you pump water with a pump or other technical device. If you collect a small amount of water for personal use manually, such as in a bucket, you do not need a permit.
Municipalities or water managers can, similarly to groundwater extraction, completely ban such small withdrawals for a certain period.
If you have your own well or borehole for water or are considering this option, it is appropriate to familiarize yourself with the basic legal framework for groundwater extraction. This will help you avoid unnecessary fines and penalties, which can sometimes lead to a complete ban on using the well.
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