SJC restrains DEP’s water-limit authority

In a lawsuit brought by 14 cities and towns, the Supreme Judicial Court on Jan. 14 ruled that the Department of Environmental Protection exceeded its authority when it implemented a 2007 policy to limit the amount of water municipalities draw from aquifers, rivers, and lakes.

The SJC also ruled that communities whose water allowances were set by the Water Management Act were “grandfathered” and did not have to adhere to stricter withdrawal limits that the DEP imposed in 2007.

The SJC ruled that it was improper for the state to set conditions on a city or town’s water registration renewals, but said that the state may enact stricter water conservation measures if it goes through the formal regulation process.

The DEP had sought to limit residential water use in sensitive areas to 65 gallons a day per person by the end of 2017, with no more than 10 percent of total water use deemed “unaccounted for.”

These conditions were applied to cities and towns when they renewed their water systems’ 10-year registration with the state.

The municipalities that filed the suit are Brockton, Duxbury, Fairhaven, Hamilton, Harwich, Lynn, Manchester-by-the-Sea, Mashpee, Mattapoisett, Medfield, Millis, North Reading, Sandwich, and Wellesley.