Most of us drink water extracted from the Earth's interior. But what exactly is groundwater, and how is it used?

Groundwater refers to water located within the rock layers of the upper part of the Earth's crust in liquid, solid, and gaseous states (Groundwater // Great Encyclopedic Dictionary / Ed. A.M. Prokhorov. 1st ed. Moscow: Great Russian Encyclopedia, 1991. 768 p.).

Groundwater bodies include:

• groundwater basins;
• aquifers.

Based on occurrence conditions, groundwater is divided into several types: soil water, ground water, interstratal water, artesian water, and mineral water.

The resource potential of groundwater in the Russian Federation is nearly 400 cubic km per year. The total amount of groundwater reserves suitable for use (drinking and domestic, industrial and technical water supply, land irrigation, and watering pastures) is 34 cubic km per year.

Groundwater is actively used by humans. Artesian waters (pressurized interstratal waters) provide drinking water to a significant portion of the world's population. Thermal groundwater is used for heating homes and greenhouses, and the energy of these waters is utilized at geothermal power plants. Thermal and mineralized groundwaters have balneological significance and play an important role in the development of the resort industry. Groundwater, especially from the first aquifers from the surface (perched water, ground water), largely determines the geo-ecological state of landscapes. They are associated with soil moisture, waterlogging and bogging, the formation of swamps, the feeding of rivers and lakes, and other geographical processes.

Right to Use Groundwater. Licensing Features.

Individuals and legal entities acquire the right to use groundwater bodies on the grounds and in the manner established by the legislation on subsoil (Clause 3, Article 9 of the "Water Code of the Russian Federation" dated June 3, 2006, No. 74-FZ).

According to Article 11 of the Law of the Russian Federation dated February 21, 1992, No. 2395-1 "On Subsoil," the provision of subsoil for use is formalized by a special state permit in the form of a license. A license is a document certifying the right of its holder to use a subsoil plot within certain boundaries in accordance with the purpose specified therein for a set period, provided the holder complies with pre-agreed conditions.

A license is not required if (Article 19 of the Law of the Russian Federation No. 2395-1 "On Subsoil"):

• the volume of extracted groundwater does not exceed 100 cubic meters per day;
• the water is extracted from aquifers that are not sources of centralized water supply and are located above aquifers that are sources of centralized water supply;
• the extracted water is used for own needs, i.e., for personal, domestic, and other needs not related to entrepreneurial activities.

Gardening non-profit partnerships and (or) horticulture non-profit partnerships (hereinafter referred to as the partnership) have the right to extract groundwater for the purposes of drinking water supply or technical water supply for the partnerships in the manner established by the laws and other regulatory legal acts of the constituent entities of the Russian Federation.

The use of groundwater for drinking water supply or technical water supply for partnerships is understood as its use by partnerships and holders of gardening or horticulture land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs, for personal, domestic, and other needs not related to entrepreneurial activities, for the purpose of gardening or horticulture and creating favorable conditions for this, as well as ensuring the development of land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs.

Groundwater extraction for the purposes of drinking water supply or technical water supply for partnerships is carried out without geological study of the subsoil, state expertise of mineral and groundwater reserves, geological information on the subsoil plots provided for use, coordination and approval of technical projects and other project documentation for subsoil use, and without providing evidence that the partnerships possess or will possess qualified specialists and the necessary financial and technical means for effective and safe subsoil use. Groundwater extraction for the purposes of drinking water supply or technical water supply for partnerships must be carried out in compliance with the rules for the protection of groundwater bodies, as well as the basic requirements for the rational use and protection of the subsoil.

Termination of the Right to Use Subsoil

The right to use subsoil terminates upon the expiration of the period of use of the subsoil plot established by the subsoil use license.

The right to use subsoil may be terminated prematurely by the authorities specified in the first part of Article 21 of the Law of the Russian Federation No. 2395-1 "On Subsoil" in the following cases:

1) the emergence of a direct threat to human life or health as a result of subsoil use;
2) violation by the subsoil user of the conditions of the subsoil use license, where a single failure to comply, in accordance with such a license, is grounds for premature termination of the right to use subsoil;
3) systematic (two or more times within four years) violation of the conditions for using the subsoil plot under the subsoil use license;
4) if the subsoil user has not commenced subsoil use within the period established by the subsoil use license;
5) liquidation of the subsoil user;
6) violation by the subsoil user of the requirements for the rational use and protection of the subsoil established by the first part of Article 23 of this Law of the Russian Federation No. 2395-1 "On Subsoil";
7) failure to submit and (or) violation of the procedure for submitting geological information on the subsoil by the subsoil user in accordance with Article 27 of the Law of the Russian Federation No. 2395-1 "On Subsoil" to the federal geological information fund and its territorial funds, as well as to the geological information funds of the constituent entities of the Russian Federation (in relation to a subsoil plot of local significance);
8) submission of an application by the subsoil user for premature termination of the right to use subsoil;
9) the emergence of circumstances provided for by the legislation of the Russian Federation on concession agreements, the legislation of the Russian Federation on state-private partnerships, or municipal-private partnerships;
10) adoption of a decision by the Government of the Russian Federation in accordance with part five of Article 2.1 of this Law of the Russian Federation No. 2395-1 "On Subsoil";
11) the emergence of circumstances that are cases of mandatory transfer of the right to use subsoil plots and (or) grounds for mandatory re-issuance of a subsoil use license, if the subsoil user fails to comply with the conditions for the mandatory transfer of the right to use subsoil plots and (or) mandatory re-issuance of the license.

Groundwater Protection

Individuals and legal entities whose activities have or may have a negative impact on the state of groundwater bodies are obliged to take measures to prevent pollution, clogging of groundwater bodies, and water depletion, as well as to comply with established standards for permissible impact on groundwater bodies.

On the catchment areas of groundwater bodies that are used or can be used for drinking and domestic water supply, it is not permitted to place production and consumption waste disposal facilities, cemeteries, animal burial grounds, and other facilities that have a negative impact on the state of groundwater.

During the design, construction, reconstruction, commissioning, and operation of water intake facilities related to the use of groundwater bodies, measures must be provided to prevent the negative impact of such facilities on surface water bodies and other environmental objects (Article 59 of the "Water Code of the Russian Federation" dated June 3, 2006, No. 74-FZ).

Groundwater protection is carried out in accordance with the Decree of the Government of the Russian Federation dated February 11, 2016, No. 94 "On Approval of the Rules for the Protection of Groundwater Bodies."

Protection of groundwater bodies is carried out by implementing measures to prevent pollution, clogging of groundwater bodies, and depletion of their reserves, as well as eliminating the consequences of these processes, and includes:

• measures to prevent the entry of pollutants into groundwater;
• measures to eliminate the consequences of pollution, clogging of groundwater, and depletion of its reserves;
• monitoring the chemical, microbiological, and radiological state of groundwater;
• monitoring the water level regime of groundwater;
• determining the volumes of groundwater extraction from groundwater bodies in accordance with the project documentation approved in the prescribed manner and (or) the technical project for the development of mineral deposits;
• determining the volumes of disposed associated (produced) water, radioactive waste, and production and consumption waste of hazard classes I – V into deep horizons (reservoirs) in accordance with the project documentation approved in the prescribed manner;
• determining the volumes of wastewater disposed in groundwater bodies that are not used and cannot be used for drinking and domestic water supply in accordance with the project documentation approved in the prescribed manner;
• establishing a regime of economic activity prohibiting work that pollutes groundwater within the boundaries of sanitary protection zones of drinking groundwater intakes, the boundaries of mountain-sanitary protection districts of mineral water deposits, as well as in the recharge areas of unprotected aquifers used for centralized and non-centralized drinking and domestic water supply.

Protection of groundwater bodies is carried out during the following types of activities:

• geological study of the subsoil accompanied by mining operations, including well drilling;
• development of mineral deposits, including drinking, technical, mineral medicinal, thermal energy, and industrial groundwater;
• construction and operation of underground structures not related to mineral extraction;
• extraction of groundwater during dewatering associated with the construction and operation of industrial and civil structures, drainage of reclaimed and flooded areas, as well as groundwater extraction during the elimination and localization of groundwater pollution sources, and water infiltration into aquifers for the purpose of artificial replenishment of groundwater reserves;
• disposal of production and consumption waste, as well as disposal of associated water and water used by subsoil users for their own production and technological needs during the exploration and extraction of hydrocarbon raw materials in rock layers;
• burial of radioactive waste and production and consumption waste of hazard classes I – V in deep horizons that ensure the localization of such waste;
• implementation of economic and other activities related to the placement, design, construction, reconstruction, commissioning, operation, conservation, and liquidation of buildings, structures, and other facilities that have a direct or indirect impact on groundwater bodies and lead or may lead to pollution and (or) depletion of their reserves.

To monitor the state of groundwater and take timely special measures for its protection at groundwater intakes, production and standby wells must be equipped with meters for groundwater extraction volume and devices for measuring groundwater levels.

Groundwater intakes must be equipped with observation wells for systematic monitoring of the quality and level of groundwater in the subsoil plot provided for use, except for subsoil plots of local significance containing groundwater, as well as subsoil plots not classified as subsoil plots of local significance containing groundwater with an extraction volume of no more than 500 cubic meters per day.

Protection of groundwater deposits is carried out in accordance with the requirements established by the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population.

The liquidation of emergency wells and wells unfit for further use, as well as the conservation of unused wells, are carried out by subsoil users in accordance with the project documentation for the liquidation or conservation of said wells.