Legal Aspects of Subsidence Due to Well Pumping

Subsidence of land due to pumping of ground water is a relatively recent phenomenon. Early cases based on English common law held a person who pumped ground water was not liable for damage to a neighbor's property. In general, the attitude of the nation toward ground-water pumping and subsidence was one of laissez faire. Recent cases and legislative discussions indicate a trend toward holding ground-water pumpers liable for adverse effects of their pumping. The growing recognition that water is a limited resources will, in time, bring about mandatory ground-water management which, in turn, will place the burden of subsidence control on local water agencies.