Release of observation wells UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY WATER RESOURCES DIVISION Washington, D. C. In reply refer to: February 1, 1954 45011 GROUND WATER BRANCH MEMORANDUM NO. 54.33 To: Ground Water Field Supervisors From: Chief, Ground Water Branch Subject: Release of observation wells On a number of occasions the question has been raised as to the legality of releasing ground-water observation wells to the owner of the property, upon which they may be situated, after they have served their purpose of providing geologic and hydrologic information. The Survey viewpoint has consistently been to the effect that it had no legal authority for releasing such wells and it, accordingly, followed the practice of plugging the abandoned wells and placing the property as nearly as possible in the same condition as that which existed prior to the test well drilling. In connection with the possible disposition of certain wells in Virginia, the opinion of the Solicitor of the Department of the Interior was requested as to whether observation wells could be released to serve as a source of water supply after they had served their initial purpose. Herewith for your information and guidance is a copy of the Solicitor's opinion. It should be noted that the Solicitor ruled that there is no legal prohibition against releasing observation wells after they have served their purpose, provided that all equipment is removed therefrom and the Federal Government is released from any tort liability in connection with the release of such wells. It is apparent therefore, that because any useable equipment must be removed, the net effect of the decision is to permit the turning over to a landowner of a hole in the ground. The release of an observation well to private parties requires that an administrative decision be made as to the appropriateness of the release and the protection afforded the government in specific cases. Accordingly you are instructed to keep in mind the necessity of requesting administrative approval of the Washington office for the release of any observation wells no longer to be continued in use for geologic and hydrologic purposes. In making request for such administrative approval, you should provide complete information regarding the history of the well, its condition with respect to equipment that would remain in the well and also a statement of the prospective use. (s) A. N. Sayre Chief, Ground Water Branch Attachment