Legal aspects of artificial recharge of groundwater: current situation and challenges

Abstract

This article examines the artificial aquifer recharge regulation in the EC and Spanish Law (State law and Andalusian law). Furthermore, it also deals with artificial aquifer recharge in Cuenca’s present hydrologic plans. Next, the principal problems about artificial aquifer recharge will be described. These are: lack of a unitary regulation, lack of a homogenous definition of artificial recharge and its types, operation cost finance and at whose expense it should go, etc. We reach the conclusion that there is a need of a specific, unified and systematic regulation about artificial aquifer recharge. This regulation could comprise the following aspects: the concept for artificial aquifer recharge, types of recharge (sorted by the origin of the water and the technique that is used), recharge authorizations and conditions to be included in the title, necessary building work to recharge and its financial mechanisms (depending on its public or private condition), rights over the recharged water, supporting document for the use of the recharged water, transfer possibilities, etc. Finally, the positive effects of artificial aquifer recharges are analyzed: elevation of the piezometric level in the aquifers that have been declared as overexploited or that are in danger of being so, wetland restoration, restraint of marine intrusion, subterranean water pollution reduction, etc.