(Conrad Melville--AP, Seattle) In an unusual step, described by some as a massive resource grab, the United States Bureau of Land Management (BLM) is notifying state and local authorities in Washington, Oregon, and Idaho that as of July 2008, it will assume rights over unregulated fresh water wells and aquifers falling within the 10 mile buffer established in the Pacific Railway Act of 1862. According to the BLM, the rights created by the Pacific Railway Act of 1862 have never been enforced, but dwindling aquifers and climate change have created a sense of urgency and renewed interest in the old law. “The same forward thinking that created the transcontinental railroads, also provided the tools necessary to protect some of our most valuable resources,” said Ronald Coase, Director of the BLM’s Strategic Resource Management Unit based out of Boise, Idaho. Cities with populations over 100,000 have negotiated exemptions.

Coase’s unit is notifying state and local authorities of the change, what wells and aquifers are affected, and what it will mean for their communities. “In many cases,” says Coase, “the change will go unnoticed because the specific well or aquifer is not being used. In cases where an unregulated resource is being exploited, the Bureau will take measures to secure the resource and extract a fair market-based fee.”

“Simple enough when you have one farmer using one well,” said Oliver Williamson, field manager of BLM’s Seattle office. “We have already negotiated agreements with several large dairies and other agricultural operations in rural King County. Those are easy. The problems arise in communities where these resources are numerous and quite often shared. The South Sound, for instance, is mile for mile one of the most prolific producers of artesian well water in the world and many of these wells are unregulated and virtually un-owned. We have identified more than twenty well sites in the South Sound that fall under our jurisdiction.” Exactly how the BLM will regulate those wells is unclear, however. One option, according to Williamson, is to cap existing wells, rendering them unusable. Another option is to limit use by requiring that individuals purchase water permits from the BLM. Random permit checks at well sites would discourage illegal use of wells. Asked when such a permit system would be established, Williamson refused to speculate, but suggested well-capping will begin in July.

No state or local authorities contacted for this story would comment on the record.