Well permits and water rights by state
A well is the most common off-grid water supply, and the rules for drilling one follow from how each state allocates water in the first place.
What to know first
States allocate water under two broad systems. Riparian states, mostly in the wetter East, give landowners along a water body a shared right of reasonable use. Prior appropriation states, mostly in the arid West (Alaska, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming), grant rights by priority date: first in time, first in right. Some states blend the two, and groundwater often follows its own rules, such as Texas’s rule of capture as modified by groundwater conservation districts.
For a household well, the doctrine matters less than the permit process that follows from it. Most states license drillers and collect well logs; many western states also allow a domestic well without a full water right but limit its use. Eastern states focus more on construction standards, setbacks from septic systems and water quality than on the right to pump.
Before buying, ask for the well permit, driller’s log, yield test and recent water-quality results, and check them against state records. Our water supply guide explains what to request and how to compare wells with rain, hauled and shared water.
State-by-state table
Filter by status or search for a state. Each summary links to the official source we relied on, and each state name opens the full guide. Statuses describe state-level rules; counties, cities and health districts can add requirements.
50 states
| Alabama | Riparian | No homeowner well permit was found, but a licensed driller must file an ADEM Notification of Intent before drilling and a completion report afterward. Withdrawals of 100,000 gallons per day require ADECA registration.Alabama Cooperative Extension System: Where to Find Information About a Private Water Well Source | 56.9 in |
|---|---|---|---|
| Alaska | Prior appropriation | No state drilling permit for a domestic well was found. Well contractors must file well logs with DNR within 45 days. A DNR water right is required for significant use and secures priority.Alaska DNR: Well Log Tracking System (WELTS) Source | 37.6 in |
| Arizona | Hybrid system | A notice of intention to drill must be filed with ADWR before drilling, and a licensed driller is generally required. Exempt wells pump 35 gallons per minute or less; Active Management Areas add limits.A.R.S. § 45-454 (Exemption of small non-irrigation wells) Source | 11.7 in |
| Arkansas | Riparian | Anyone drilling a well or installing a well pump must hold an Arkansas Water Well Contractor's License and registration. Domestic users are exempt from state water-use registration.Arkansas Department of Agriculture: Water Well Construction Committee Source | 52.5 in |
| California | Hybrid system | A permit from the local enforcing agency, often county environmental health, is required under ordinances meeting DWR well standards. The driller must file a well completion report with DWR within 60 days.California DWR: Well Permitting Agencies Source | 22.3 in |
| Colorado | Prior appropriation | A well permit from the State Engineer (Division of Water Resources) is required before drilling. Small exempt domestic wells are permitted but carry use limits written on the permit.Colorado Water Knowledge (Colorado State University): Groundwater Rights Source | 18.0 in |
| Connecticut | Riparian | Yes. The local director of health approves well siting and issues the permit. Drillers must be registered with the Department of Consumer Protection and file a completion report within 60 days.Private Wells — Connecticut Department of Public Health Source | 48.7 in |
| Delaware | Riparian | Yes. DNREC issues well construction and use permits for wells up to 50,000 gallons per day. A DNREC-licensed water well contractor must apply and construct the well.Well Permits — DNREC Source | 45.9 in |
| Florida | Other system | Yes. Well construction permits are usually issued by the five water management districts under DEP's Chapter 62-532 rules; 22 county health departments hold delegated permitting authority.Private and Other Water Well Construction — Florida Department of Health Source | 54.4 in |
| Georgia | Riparian | A licensed Georgia water well contractor must install the well and notify the county health department before drilling. EPD water well standards govern siting and construction.Well Water — Georgia Department of Public Health Source | 50.4 in |
| Hawaiʻi | Other system | The Commission on Water Resource Management issues well construction and pump installation permits, also required for sealing wells. Designated water management areas may add a water-use permit; well owners report use.Water Resource Forms — Commission on Water Resource Management Source | 61.7 in |
| Idaho | Prior appropriation | Yes. IDWR requires a drilling permit before a new well is drilled, and an Idaho-licensed well driller must do the work. The permit is separate from the right to use water.Wells Overview — Idaho Department of Water Resources Source | 23.7 in |
| Illinois | Riparian | A permit is required before constructing a new well. IDPH and about 90 local health departments review plans, issue permits and inspect; wells are installed by licensed water well contractors.Private Water & Closed Loop Wells Source | 40.7 in |
| Indiana | Riparian | No state permit for an ordinary domestic well was identified. Indiana DNR licenses individual drillers and pump installers. Facilities able to pump 100,000 gallons per day must register with DNR.Licensed Water Well Drilling Contractors Source | 43.6 in |
| Iowa | Riparian | A DNR well construction permit, issued by the county through the Iowa Well Information System, is required for every new well. All well services require a DNR-certified contractor on site.Private Well Program Source | 35.5 in |
| Kansas | Prior appropriation | Domestic use needs no appropriation permit. Wells must meet KDHE construction standards and records; licensed contractors build most wells, though owners may drill their own domestic well to standards. Counties may add requirements.K.S.A. 82a-1203 Source | 29.0 in |
| Kentucky | Riparian | The property owner files no permit application or fee, but all well construction, modification and abandonment must be performed by a Kentucky Certified Water Well Driller.Water Well Information for Homeowners Source | 50.4 in |
| Louisiana | Other system | New and reworked water wells must be registered with the state natural-resources agency, and construction is by licensed water well contractors. LDH leaves private well sampling and maintenance to the owner.Louisiana Well Owner FAQs Source | 59.7 in |
| Maine | Riparian | No state drilling permit was identified. A driller licensed by the Water Well Commission must build the well and report it to the Maine Geological Survey within 30 days.12 M.R.S. §550-B — Water well information Source | 45.5 in |
| Maryland | Riparian | Every well needs a well construction permit from the local Approving Authority under COMAR 26.04.04. Domestic use, other than heating or cooling, is exempt from MDE water appropriation permits.COMAR 26.04.04.03 — Application for a Well Construction Permit Source | 45.2 in |
| Massachusetts | Riparian | No single statewide permit exists for household wells. Local boards of health regulate private well siting, construction and water quality, often drawing on MassDEP's Private Well Guidelines.Private Well Guidelines — MassDEP Source | 48.6 in |
| Michigan | Riparian | EGLE says every county requires a local health department permit or notification before drilling. A registered contractor builds the well and files the well log within 60 days.Consumer's Guide to Hiring a Well Contractor — Michigan EGLE Source | 33.9 in |
| Minnesota | Riparian | A licensed contractor, or qualifying owner-builder, notifies MDH or a delegated local program and pays a fee before drilling. DNR appropriation permits exempt domestic use serving under 25 people.Constructing a New Water-Supply Well — Minnesota Department of Health Source | 28.6 in |
| Mississippi | Other system | MDEQ withdrawal permits exempt wells supplying one household or with casing under six inches. A Mississippi-licensed driller is required and must report well data to MDEQ within 30 days.11 Miss. Admin. Code Pt. 7, Ch. 1 — Surface Water and Groundwater Use and Protection Regulations Source | 58.5 in |
| Missouri | Riparian | No permit is needed for a landowner to install a domestic well on their own land, but it must meet DNR construction rules. Anyone contracting the work needs a DNR installation permit.Water Wells (PUB2945) Source | 43.5 in |
| Montana | Prior appropriation | Wells of 35 gpm or less and 10 acre-feet a year are exempt from a water-use permit, but since January 1, 2026 DNRC must authorize a Notice of Intent (Form 602I) first.Exempt Well Updates and Information Source | 18.9 in |
| Nebraska | Hybrid system | New wells must be registered with DWEE, with a $240 fee for wells pumping 50 gpm or less. The local Natural Resources District may require a permit or spacing approval.Water Well Registration for Landowners Source | 24.2 in |
| Nevada | Prior appropriation | A domestic well for one single-family home, up to two acre-feet a year, is exempt from NDWR water-right permits. A licensed driller is required, and wells are generally barred where public water is available.Domestic Wells FAQ Source | 10.2 in |
| New Hampshire | Riparian | No state water-use permit is needed for a household well, but Water Well Board rules require a licensed water well contractor and pump installer. The contractor files a well completion report.N.H. Admin. Code We 302.01 — License Required Source | 47.9 in |
| New Jersey | Riparian | Yes. The landowner and a New Jersey licensed well driller must obtain an NJDEP well permit before drilling. Domestic well permits are valid for two years.N.J.A.C. 7:9D-1.11 — Well permits Source | 47.6 in |
| New Mexico | Prior appropriation | A domestic well permit from the Office of the State Engineer is required, generally capped at 1.0 acre-foot per year per household. A New Mexico-licensed driller must construct it.Domestic Well Rules — 19.27.5 NMAC Source | 13.8 in |
| New York | Riparian | No general state well permit for homeowners. Wells must be drilled by a DEC-registered contractor who files a preliminary notice and a completion report; local health departments may add requirements.Water Well Contractor Program — NYS DEC Source | 43.5 in |
| North Carolina | Riparian | Private drinking water wells are permitted by county health departments, each with its own process. Drillers must be certified through the Well Contractors Certification Commission; state construction standards are in 15A NCAC 02C.Well Construction Permit Information — NC DEQ Source | 50.8 in |
| North Dakota | Prior appropriation | Domestic use under 12.5 acre-feet per year needs no appropriation permit, but the works must be registered with the Department of Water Resources. Wells must be built by DWR-licensed contractors.Water Permits — North Dakota Department of Water Resources Source | 18.9 in |
| Ohio | Riparian | A local board of health permit is required before constructing a well, and a water sample must pass before approval. Wells must be drilled by an ODH-registered contractor or a registered owner.Ohio Adm.Code 3701-28-03, Permits, system approval and sampling requirements Source | 41.1 in |
| Oklahoma | Hybrid system | No OWRB permit or intent-to-drill notice for domestic use. Wells must meet OWRB construction standards, and OWRB licenses drillers, who file well logs.Water Use Laws and Procedures Source | 36.4 in |
| Oregon | Prior appropriation | Domestic groundwater use up to 15,000 gallons per day needs no water right. A licensed constructor must build the well, unless the owner obtains a landowner permit and bond from OWRD.ORS 537.753, Water well constructor license; landowner permit Source | 32.1 in |
| Pennsylvania | Riparian | DEP does not regulate private wells, and there is no state well permit. Drillers are licensed under the Water Well Drillers License Act through DCNR's Geological Survey. Some counties or municipalities have well rules.Groundwater and Private Wells Source | 45.0 in |
| Rhode Island | Riparian | A water-well permit from the local building official is required, and the well is drilled by a contractor licensed by the Contractors' Registration and Licensing Board. RIDOH rules require testing before use.216-RICR-50-05-2, Private Drinking Water Systems Source | 49.1 in |
| South Carolina | Riparian | An individual residential well needs a Notice of Intent for SCDES general-permit coverage before drilling. A certified well driller must construct it and file the well record within 30 days.S.C. Code Regs. 61-71.D, Well Standards, General Source | 48.3 in |
| South Dakota | Prior appropriation | Domestic use under 25,920 gallons per day and 25 gpm needs no water-right permit. Wells must meet state construction standards; licensed drillers file completion reports with DANR.Using Water in South Dakota Source | 21.2 in |
| Tennessee | Riparian | No water-right permit is needed, but a Notice of Intent with a $75 fee must reach TDEC before drilling. Drillers must hold a TDEC license under the Water Well Act.Water Well Notice of Intent Instructions (CN-1240) Source | 55.1 in |
| Texas | Hybrid system | No state well permit, but the parcel's groundwater conservation district may require registration or a permit. Licensed drillers, or landowners drilling their own well, must file a state well report.TWDB: General Groundwater and Private Water Well FAQ Source | 28.6 in |
| Utah | Prior appropriation | A domestic well needs an approved water right or application from the State Engineer. A licensed driller must obtain a start card before drilling and file a well log.Utah Division of Water Rights: Water Well Drilling Source | 13.5 in |
| Vermont | Riparian | The state permit covers a new supply for a new or changed building. A single-family replacement well needs no permit, but its location must be filed in land records.Permit FAQ — Vermont DEC Source | 46.0 in |
| Virginia | Riparian | Yes. The local health department issues a construction permit under 12VAC5-630. A licensed Water Well System Provider builds the well; inspection and bacteriological testing follow.Private Well Program — VDH Source | 45.8 in |
| Washington | Prior appropriation | Domestic use up to 5,000 gallons per day is exempt from a water-right permit, but a licensed driller must file a notice of intent with Ecology 72 hours before drilling.Well construction notice of intent — Washington Department of Ecology Source | 43.2 in |
| West Virginia | Riparian | A local health department permit is required before drilling, modifying or abandoning a well. A certified master driller signs applications and completion records under state design standards.Waterwell Certification Program — WV Office of Environmental Health Services Source | 47.0 in |
| Wisconsin | Riparian | The owner must obtain a DNR well construction notification ($50.50) before drilling. Licensed drillers build most wells, though an owner may drill on their own property; some counties also require permits.Well Construction Notification — Wisconsin DNR Source | 34.0 in |
| Wyoming | Prior appropriation | Every new well, including domestic and stock wells, needs a State Engineer permit (Form U.W. 5) before drilling, with licensed drilling and pump contractors and a completion statement within 30 days.Ground Water — General Processes, Wyoming State Engineer's Office Source | 16.0 in |
Checked October 2026. Laws change; open the linked source before relying on a summary. Found an error? Tell us.
Common questions
Do I need a permit to drill a well?
In most states, yes: a permit, notification or licensed driller is required for a new domestic well, and the driller files a well log with the state. Who issues the permit varies, from a state water agency to a county health department or a local groundwater district. The table lists the requirement and source for each state.
What is the difference between riparian and prior appropriation?
Under riparian law, common in the East, landowners next to a water body share a right to reasonable use. Under prior appropriation, used across the West, the first person to put water to beneficial use holds the senior right, and later users can be cut off in shortages. In our research, 13 states use prior appropriation and 5 use a hybrid system.
Does buying land include the water rights?
Not always, especially in prior-appropriation states, where water rights can be sold separately from land. A domestic well exemption may allow household use without a separate right, but often with limits on volume, irrigated area or livestock. Ask the seller for well permits, logs and any recorded water rights, and check them with the state water agency.
Is my well water tested by the state?
Rarely. Private wells are generally the owner’s responsibility. Some states require testing at construction or property transfer, but routine testing is up to you. Test for bacteria and nitrate at minimum, and for contaminants common in your area such as arsenic, uranium or radon.