MA Court Upholds Water Conservation Rules Amid Drought
August 2025
In a win for climate preparation, the Massachusetts Appeals Court recently affirmed a lower court’s recognition of the state’s authority to impose reasonable water conservation measures on certain water users during drought.
NepRWA was among a group of watershed organizations that submitted an amicus brief in support of the state’s case. This decision is a step in the right direction to ensure that there is enough water available for public health, public safety operations, and fish and wildlife.
Currently, the state regulates the amount of water that may be withdrawn from the ground, reservoirs, and other sources through the Water Management Act.
Under the law and related regulations, MassDEP issues permits for the withdrawal of water from surface and groundwater sources, and imposes conditions on its use, including reasonable water conservation measures during drought, in order to protect these resources.
Importantly, water supply sources that were already in use at the time the Water Management Act was enacted in 1985 were “grandfathered” as registered uses and allowed to continue to be used without any new restrictions.
Recognizing that climate change is making severe drought a more frequent occurrence, Massachusetts Rivers Alliance and the Ipswich River Watershed Association petitioned MassDEP to update its regulations to better protect water resources.
In 2023, MassDEP did so; the new regulations require reasonable restrictions on nonessential outdoor use, like lawn watering, during a drought.
Some public water suppliers sued the state to oppose the updated regulations—but the Superior Court sided with MassDEP and recognized its right to protect this critical and finite resource—a core mission of the Department. The appellate court has now agreed.
“We’re pleased that the court recognized the legality of updating regulations in line with new scientific data so that this precious resource–fresh water—is available for all its essential uses,” said NepRWA Managing Director for Community Resilience, Kerry Snyder. “Climate-driven changes to rain patterns have already affected our water resources, and we need to adapt so our communities and ecosystems are protected.”
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