As the critical drought in Worcester County enters its third month, the town is seeking approval to authorize the Water Commission or the Board of Health to restrict nonessential outdoor water use for everyone, including private well owners, during droughts or other water emergencies. Warrant Article 6 contains the text of a model bylaw created by the state that outlines conditions for restricting water use, what those restrictions would be, fines for violations, and new regulations for in-ground irrigation systems. The Select Board voted not to support the article, which will be debated at the Oct. 1 Town Meeting.
Board of Health Chair Chris Mitchell, a geologist and environmental consultant, told the Press that most Harvard wells are in bedrock and draw on water that flows through fractures, many of which are interconnected. He said these types of aquifers rely on rainfall for recharging, so during a drought, water conservation is crucial for everyone because “We’re all drawing from the same source.” The Water Commission currently has the authority to restrict water use only in the water district, which includes about 100 homes as well as a few businesses and municipal buildings, including the schools.
While the board had supplied the model bylaw language to the town administrator in August, at its Sept. 13 meeting members seemed surprised that the bylaw had already been inserted into the warrant, since they had not had an opportunity to review it first. Both Mitchell and board member Libby Levison said they thought the Board of Health was going to review the language and determine if the bylaw was appropriate for the town. “But then it went in,” Mitchell said.
Health agent Jim Gareffi said it would be difficult to enforce, and Levison added that a third of the homes in town are set back at least 300 feet from the road, so enforcement would not be equitable. Despite those concerns, members agreed it would be a valuable tool to help residents realize they should all be conserving water during a drought.
Select Board members had a different take on the article at their Sept. 20 meeting. They were especially concerned about the bylaw’s provision to regulate in-ground irrigation systems. Member Don Ludwig said the regulations were “onerous” for anyone with a legacy system and that allowing town officials onto private property to shut an irrigation system off and requiring registration of all in-ground systems was “overreach.” Member Kara Minar echoed Levison’s concern about equitable enforcement, and in the end, the board voted 4-1 to not support the article. Only Erin McBee voted in favor, but she said it would have been better if there had been more time to review and refine it. The Water Commission has not yet met to discuss the article, and Cindy Russo, its chair, had no comment as of press time.
Unpacking Article 6
The bylaw proposed in Article 6 has multiple provisions, all related to “nonessential outdoor water use,” defined as irrigating lawns via sprinklers or automatic irrigation systems, washing vehicles, and washing buildings, parking lots, driveways, or sidewalks. There are a few exceptions, some involving review and approval by the Water Commission or its designee. Filling outdoor pools would also require Water Commission approval if restrictions were in place.
Essential uses include using outdoor water for health or safety reasons, the production of food or fiber, maintenance of livestock, or to meet the core functions of a business; such use would not be affected by this bylaw.
What would trigger restrictions?
The bylaw defines three situations in which the Water Commission or Board of Health could restrict nonessential outdoor water use for everyone in town. The first is a declaration of drought by the Massachusetts Secretary of Energy and Environmental Affairs, regardless of level. The second is a water supply emergency declared by the state’s Department of Environmental Protection. The third is more nebulous; a “state of water supply conservation” could be declared by the Water Commission or its designee if it determines water conservation is necessary to ensure an adequate supply of water for drinking, fire protection, or to protect local aquatic habitats.
What are the proposed restrictions?
Restrictions that could be imposed include banning all nonessential outdoor water use, defining specific days or hours when it would be permitted, restricting use to a bucket or handheld hose, or prohibiting just automatic irrigation systems. Penalties would range from a written warning for the first violation to $300 for fourth and subsequent violations. Each day of violation would be considered a separate offense. A variety of town officials could enforce these violations, including the water commissioners, Board of Health members, the Department of Public Works director, the building commissioner, and the police.
New rules for in-ground irrigation systems
Residents would be required to register all new and existing in-ground irrigation systems with the Water Commission, and all systems would be required to have timing devices and an accessible shut-off valve that enforcing agents could use if a property owner is in violation of the bylaw. New systems would be required to have a soil moisture sensor device; servicing of or repairs to an existing system would also trigger a requirement for the installation of that device.
—Joan Eliyesil
This graph was generated from U.S. Geological Survey water table data from a sample well in Berlin, Massachusetts. The well is supplied by a bedrock aquifer, as are most of the wells in Harvard. The water level in this well is still about 3 feet below where it was at the beginning of June. The graph was created on Sept. 19, so it includes the rainfall received over the past few weeks, which has barely made a dent in the deficit.
According to Board of Health chair and geologist Chris Mitchell, this is the closest USGS sample well to Harvard that is in a location with similar geological attributes.
Water conservation tips
The state’s Executive Office of Environmental Affairs advises private well owners to follow town and state restrictions during a drought. According to its website, water from private wells “almost always still comes from the same source as the public water supply as long as you are in the same river basin.”
The town currently bans outdoor watering for all residents in the water district because only one well is operational; however, outdoor water restrictions would likely be in place even if both wells were running due to the county’s critical drought.
The EEA also recommends the following water conservation measures for public water supply users and private well owners.
Outdoor
- Do not water lawns. They go dormant in dry conditions and revive when conditions improve.
- Leave grass clippings on lawns to shade them.
- When landscaping, choose native plants or plants that need less water and use mulch to prevent evaporation.
- Wash vehicles at a car wash that recycles water.
- Sweep outdoor areas instead of hosing them off.
- Cover swimming pools when not in use to prevent evaporation.
Indoor
- Turn off water while brushing teeth or shaving.
- Shower no more than five minutes.
- Wash full loads only of laundry and dishes.
- Use a compost bin instead of a garbage disposal.
- Collect and reuse clean household water to water plants.
- Fix leaks—dripping faucets, leaking toilets, pipes, and appliances can waste hundreds of gallons of water per week.
- Choose high-efficiency plumbing products and appliances.
For more information
- For outdoor water conservation and planting “water smart” yards: mass.gov/guides/outdoor-water-conservation
- For conserving water indoors: mass.gov/guides/indoor-water-conservation
- For drought-related problems in private wells: mass.gov/info-details/information-for-private-well-owners-during-a-drought
