Source Water Assessment Program
Wellhead Protection and Related Programs

2.1 The Wellhead Protection Program

Amendments to the Safe Drinking Water Act (SDWA) in 1986 authorized states to develop Wellhead Protection (WHP) Programs. Nebraska Governor Orr chose the Department of Environmental Quality (then the Department of Environmental Control) to be the lead agency in WHP program development and implementation in December 1987. Citizens and Technical Advisory Committees were formed and met beginning in September of 1988. Nebraska’s Wellhead Protection Program was approved by the Environmental Protection Agency (EPA) June of 1991.

The vast majority of Nebraska’s PWSSs rely on ground water for their source of drinking water. For this reason, Wellhead Protection is a very important part of Nebraska’s SWAP. Nebraska’s voluntary program has the goal of protecting the ground surface and ground water surrounding PWSSs from contamination. There are six steps to Nebraska’s WHP program: Delineation of a WHPA is calculated using geologic information and annual pumpage of the well. WHPA boundaries are drawn to be inclusive of a 20 year Time of Travel (TOT). NDEQ routinely calculates the following TOTs for a WHPA: As part of the approved WHP program, NDEQ has committed to drawing all the WHPAs. Currently, NDEQ has drawn or adopted a total of 257 WHPAs, the majority of which are Community systems. NDEQ recommends that the WHPA be computer modeled before an “on-the-ground” inventory is done. Whenever possible, the Nebraska Department of Environmental Quality (NDEQ) adopts WHPAs from other sources, such as the Nebraska Rural Water Association (NeRWA), Natural Resources Districts (NRDs), and others. During an inventory, activities or potential sources of contamination within a WHPA are identified. NDEQ has developed a Contaminant Source Inventory Guidebook (Inman, 1997) to help communities complete an inventory. A series of WHP Newsletters have also been developed to help communities and individuals understand the WHP program. At this time, there are seven WHP Newsletters completed; the titles are:
Newsletters are available on the internet at NDEQs website: http://www.deq.state.ne.us. When Newsletters are initially released, Nebraska Health and Human Services (NHHS) distributes them to Public Water Supply operators in their publication, The Water Spout. The Contaminant Source Inventory Guidebook and WHP Newsletters will be used in educational activities and to get SWAP information out to the public and PWSSs. All are available free upon request. New WHP-SWAP Newsletters and other educational materials will be developed when the SWAP is approved and implementation begins.

2.2 Voluntary Protective Actions and Existing Protective State Regulations

Through the implementation of the SWAP described in this document, NDEQ is providing information to local PWSSs that will help them protect their source of drinking water. The SWAP goal is

NDEQ feels that the most effective protection a public drinking water source can have will be decided and acted upon locally. All local protection activities will be encouraged by NDEQ through technical assistance activities (when requested), financial assistance (as available), and educational information. NDEQ is not requiring or implementing any new protection measures or requirements with the implementation of this program.

Local regulations to manage potential contaminant sources will be left up to the PWSS or entity with zoning jurisdiction. NDEQ will provide any example ordinances or assistance possible, but the decision to do management activities will be done on a local level. Currently, NDEQ is contracting with UNL through a small Clean Water Act (CWA) 319 grant to list some options communities have for the management of contaminant sources in WHPAs.

2.2.1 Title 179 - NAC2 Regulations Governing Public Water Supply Systems

Title 179 NAC2 Regulations Governing Public Water Supply Systems, (NHHS, 1998), requires PWSSs to control activities and to take action as necessary to protect the system from encroachments which may be hazards to the safety of the drinking water quality. PWSSs may adopt ordinances, regulations, make contracts, etc. to insure adequate protection from potential contamination. These regulations can be reviewed on the internet at www.hhs.state.ne.us/reg/t179.htm.

The maximum set-back distance listed in Title 179, NAC2 (NHHS, 1998) is 1000 feet. The 1000 feet encloses the 2 year Time of Travel in WHPAs for ten PWSSs examined. While this 1000 feet or less distance cannot be considered protective of the entire 20 year TOT of a WHPA, it does help protect the immediate zone around the wells. These ten representative PWSSs serve populations ranging from 790 to 1000 (the “average” system in Nebraska serves 919 people), with 27 wells total. The WHPA2 modeled 2 year TOT for these same systems ranged from 970 feet to nearly 1900 feet from the well. Non-Community wells do not typically yield this much water, so 1000 feet will enclose much more than a 2 year Time of Travel.

2.2.2 Title 118 - Ground Water Standards

Many of NDEQ Regulations, which are explained in this section, can be found on the internet at NDEQs website: http://www.deq.state.ne.us. Title 118, Ground Water Quality Standards and Use Classification, (NDEQ, 1996) allows for ground water within wellhead protection areas designated through local ordinance to be classified as GA. Class GA ground water is usually given a higher priority in the remediation efforts following spills, leaks, and contamination events. This regulation also specifies how spills and contamination from point sources of contamination will be investigated and remediated, and specifies maximum levels of certain contaminants in ground water. These clean up levels are the same or more restrictive than federal drinking water standards.

2.2.3 Title 196 - Nonpoint Source Ground Water Management

Title 196, Rules and Regulations Pertaining to Special Protection Areas (NDEQ, 1988), establishes a process to study, delineate, and manage nonpoint sources of ground water contamination. Nonpoint source (NPS) contamination is usually associated with the agricultural application of fertilizer and pesticides, especially under irrigated conditions. Nonpoint source ground water contamination in Nebraska is most likely in areas of shallow ground water and sandy subsurface materials. However, such contamination has also been documented in regions with deeper ground water and more clay rich soils and sediments.

Under Title 196, NDEQ performs studies to determine if NPS pollution of ground water is occurring or likely to occur. If such is the case, NDEQ can designate a Ground Water Management Area (GWMA), formerly known as Special Protection Area (Natural Resources Districts (NRDs) have separate authority to implement their own Ground Water Management Areas through the Ground Water Management and Protection Act--see Section 2.2.4). When this occurs, the affected NRD is required to develop an action plan to address the problem. If the NRD fails to develop an acceptable action plan, NDEQ will implement an action plan for the GWMA. Typical requirements in a Ground Water Management Area are education/certification for farm operators, permitting of new wells, implementation of Best Management Practices such as irrigation and nutrient management, reporting on Best Management Practices, and timing limitations for application of fertilizer. Requirements are tailored for the type of agriculture, specific geologic conditions, and extent of nonpoint source contamination for the area.

From 1988 through 1998, 14 different areas of the state have been studied under Title 196. These studies have led to NDEQ declaring three Ground Water Management Areas and NRDs declaring four new GWMAs and adding onto existing Management Areas. Two studies have either not been completed or a final determination on the recommendations has not been made. Over 2400 wells, mainly irrigation wells, have been sampled for these studies since 1988 (NDEQ, 1998).

2.2.4 Ground Water Management and Protection Act

The Nebraska Ground Water Management and Protection Act (Nebraska Revised Statutes §46-656.01-46-657.67) originated in 1975 when the Nebraska Legislature codified the value and importance of the state’s ground water resources to the general welfare of its citizens. The primary function of the Act is to establish a framework for establishment of Ground Water Management Plans by the state’s 23 Natural Resources Districts. The Act requires that all NRDs develop a Plan aimed at the management of ground water, both in terms of quality and quantity, within their jurisdiction. In addition to specifying the process by which NDEQ can designate a GWMA (see Section 2.2.3), the Act lays out a process by which NRDs can delineate their own GWMAs, and what actions can be required within the GWMA. In the end, GWMAs designated by NDEQ or an NRD tend to be very similar, with required actions being much alike from GWMA to GWMA. In addition, the Act allows NRDs to designate GWMAs for the purpose of managing ground water supply (quantity). The procedure for establishment is similar to what has already been outlined, and an NRD which establishes a Management Area for ground water quantity can require such actions as well metering, crop rotation, allocation, and well spacing restrictions. Finally, in cooperation with the Nebraska Department of Water Resources, NRDs can establish GWMAs for managing interconnected ground and surface water, the use of which is often referred to as conjunctive use. In addition to such controls as are listed above, GWMAs dealing with conjunctive use can also manage the use of surface water through increased monitoring of diversions, appropriation limitations, and requiring Best Management Practices which conserve surface water.

2.2.5. Title 117 - Surface Water Standards

Although the vast majority of public and private drinking water in Nebraska comes from ground water sources, several public supplies depend partially or completely upon surface water. Under Title 117, Nebraska Surface Water Quality Standards, (NDEQ, 1996) drinking water supply is protected as a beneficial use. Title 117 sets standards for surface water used as drinking water (which are generally the same as those for ground water). In addition, it prohibits certain actions which would impair the quality of surface water used for human consumption, and provides a link with NDEQ’s other programs and regulations (e.g. NPDES permitting, waste water treatment, etc.).

2.2.6. Nonpoint Source Management Program

An increasingly important part of NDEQ’s efforts to protect ground and surface water is through the agency’s Nonpoint Source Management Program, which is required under Section 319 of the federal Clean Water Act. Section 319 funds from USEPA are used to fund personnel and activities within the agency as well as projects outside NDEQ. Projects are funded according to NDEQ priorities, one of which is water supply protection. For example, designated Wellhead Protection Areas within the state are considered to be areas of high priority for 319 funding. A number of 319 projects have components which deal with source water protection. Some deal with the larger issues of NPS contamination in general; however, since NPS pollution is the primary threat to drinking water quality, especially in rural Nebraska, these projects often provide a basis for protection and improvement of sources of drinking water. Whenever projects are initiated in areas where drinking water is a concern, NDEQ encourages the project sponsors to consider wellhead or source water protection as a component of the overall approach. In addition, over the past few years, several projects have been aimed specifically at wellhead protection activities such as Wellhead Protection Area delineation, contaminant source inventory, and public education.

2.3 WHP Option for Nitrate Administrative Order

The Nebraska Health and Human Services has provided an option of implementing a WHP program to PWSSs that receive an Administrative Order for exceeding the Maximum Contaminant Level (MCL) for nitrate (greater than 10 parts per million - ppm). This option gives PWSSs some flexibility, and allows them to save time and money by not being required to drill new wells or install treatment plants. This option requires the PWSS to implement a complete local WHP plan, and is intended to be a long term solution. Drinking water must remain below 15 ppm nitrate to use this option, and bottled water must be provided to infants and pregnant women. If nitrate levels rise above 15 ppm, the WHP option becomes invalid. Other options commonly used to solve a nitrate Administrative Order include new wells in an area with lower nitrate concentrations or treatment.

2.4 Changes to the Approved Wellhead Protection Program

With this submittal, NDEQ is formally requesting to make changes in the EPA approved Wellhead Protection Program. The major change is the method of delineation of WHPAs. NDEQ’s WHP program description (page 30, NDEQ, 1991) states that the cylindrical displacement method will be used for all delineations. Better and more accessible data is now available that was not available when the WHP program was developed. EPA computer model WHPA2 or WhAEM will be used for delineations for community PWSSs. This model makes use of ground water flow directions and gradient, which allows the WHPA to reflect the ground water flow direction. Other wells and rivers may be considered in the model and accounted for by special subroutines. Other proven computer ground water models may be used, as well. When adequate ground water data are not available, the cylindrical displacement method will still be used. More details about WHPA2 and WhAEM data requirements are presented in the Delineation Section (Section 3).

Additionally, WHPAs drawn by others (Nebraska Rural Water Association, Natural Resources Districts, University of Nebraska Conservation and Survey Division, United States Geological Survey, consultants or engineers under contract with the PWS, etc.) will be reviewed. NDEQ will evaluate data used to model WHPAs and adopt these efforts if methods and data assumptions are found to be acceptable.

Another change to the Wellhead Protection Program is using a fixed radius for Non-Community PWSSs. Transient, Non-Community PWSSs will have a WHPA that is 100 feet in radius and Non-Transient, Non-Community PWSSs will have a WHPA that is 1000 feet in radius from the well. More details on Non-Community PWSS delineations are given in the Delineation Section (Section 3).

The existing WHP program addresses surface water bodies that intersect or are included in a WHPA. A clarification and change is proposed to this particular section. The section is proposed to be changed as follows: “Areas of surface water falling within a WHPA will be regarded as part of the WHPA. It is recommended that PWSSs perform an “on-the-ground” inventory 15 “airline” miles upstream from the WHPA. “Airline” miles means straight line miles, not river reach miles. In addition, perennial stream reaches extending from within WHPAs to 15 airline miles upstream from a public water supply will be added to WHPAs for certain contaminant source management activities” (NDEQ, June 1991). Italics indicate the new language and words with strikeout indicate deleted language.

2.5 The Wellhead Protection Area Act

The Nebraska Unicameral passed LB1161 on April 15, 1998. Sections 2 through 10 of this bill established the Wellhead Protection Area Act (see Appendix B). The act leaves the WHP program a voluntary program for PWSSs to participate in, but does set up a legal public process for adopting a local WHP program, including WHPA boundaries, an inventory of potential contaminant sources, and “controls” (contaminant source management). When a PWSS wants to enact “controls” over the Wellhead Protection Area, a complete local WHP program must be sent into NDEQ for approval and then adopted by local ordinance or resolution. A flowchart summarizing the Act is also included in Appendix B.

Legislation for this act also requires NDEQ and the Environmental Quality Council (people appointed by the Governor to enact and modify the NDEQ’s rules and regulations) to adopt rules and regulations for the Wellhead Protection Act. Because 1997 legislation (LB517) enabling the Source Water Assessment Program also requires NDEQ and the Environmental Quality Council to adopt rules and regulations, it is hoped that the two sets of regulations can be done at the same time or together.


Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186