GROUNDWATER--Disposition of Ground-Water Observation Wells United States Department of the Interior GEOLOGICAL SURVEY RESTON, VA. 22092 In Reply Refer To: January 15, 1987 WGS-Mail Stop 405 WATER RESOURCES DIVISION MEMORANDUM NO. 87.17 Subject: GROUNDWATER--Disposition of Ground-Water Observation Wells The purpose of this memorandum is to establish a procedure and policy to address the following question: "When the Geological Survey constructs a well solely for use as an observation well, and the well has served its purpose, is there authority for making such a well available to the owner of the land on which the well is constructed?" The U.S. Geological Survey (USGS) often raises this question when a request is received from the owner of the land, because making the well available to the landowner is advantageous to the Government in terms of cost. In many States abandoned wells must, by law, have the casing cut off below the land surface, the hole filled with concrete, and the ground above it compacted. Also, pulling the casing out of the ground is an expensive process which normally exceeds its salvage value. The procedure and policy will be as follows: 1. Each observation well which a USGS District or Project Office is considering for release to the owner of the land will be reviewed on its merits by the appropriate USGS Water Resources Division Regional Office. The District will submit a written justification to the Region stating why the well should be released and include the cost of rehabilitating the well site and the value of the casing materials which could be salvaged. 2. The Regional Office will determine--based on the justification submitted by the District--if it is to the advantage of the Government to make the well available to the landowner. 3. The Regional Office will have the administrative discretion to decide if the observation well should be made available to the landowner. Written approval or disapproval will be issued by the Regional Office. 4. No observation well which has been in existence less than 5 years from the time of drilling will be made available to the landowner. This provision would be enforced to eliminate any appearance of impropriety in drilling the well on the landowner's property. 5. The landowner would be required to sign an agreement (sample attached) freeing the U.S. Government from any liability. This would include any liability for the construction of the well, the condition of the well at time of transfer, and for any injury resulting from the well being left unplugged. In addition, if the landowner chooses to abandon the well, he would assume full responsibility for proper disposition of the well according to state or county laws. 6. Under no circumstances will a USGS employee suggest to a landowner that he assume responsibility for a USGS observation well. The request should originate from the landowner when notified of the USGS intent to abandon the observation well. 7. Information describing the physical properties of the well such as location, depth, casing description, screened interval, and the condition in which the well was left (capped, open, covered) shall be furnished to the landowner. An opinion on the procedure and policy described above was requested from the Office of the Solicitor. Copies of the opinion can be obtained from the Chief, Branch of Operational Support, if desired. This procedure and policy does not apply to requests for USGS observation wells by any party other than the owner of the land on which the well is constructed. William B. Mann IV Assistant Chief Hydrologist for Operations Attachment WRD Distribution: A, B, S, FO, PO This memorandum does not supersede any previous WRD memorandum The U.S. Geological Survey, hereinafter referred to as "the Government", agrees to turn over the observation well, hereinafter referred to as "the well", located at Lat. _________ Long._________ (other location descriptions)________________________________ to ___________________________________, hereinafter referred to as "the landowner", (name of landowner) giving the landowner all rights to the well. The landowner hereby agrees to assume all responsibility for the above described well. The landowner agrees to accept the well "as is" and agrees not to hold the Government responsible in any way for any construction deficiencies or repairs which may be required on the well to make it meet any specified standard--safety, governmental, or otherwise. The landowner agrees to accept the responsibility for any and all liens, fines, damages, penalties, forfeitures or judgements in any manner accruing by use or existence of the well. The landowner also agrees to accept liability for any and all injuries or damage to property of whatsoever nature or kind arising out of the continued existence of the well. The landowner agrees to hold harmless the Government to any and all Tort claims resulting from the use or existence of the well. Should the landowner choose to abandon the well, the landowner agrees to assume full responsibility for the proper disposition of the well in accordance with state or county laws. Signature U.S. Geological Survey Date Signature Landowner Date Notary Seal