🏛️ Issues and Advocacy Training
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Lesson 5 of 9 · about 17 minutes

Groundwater, Wells and Water Quality

You'll be able to

  • Read a nitrate lab result and convert between nitrate and nitrate-nitrogen
  • Explain who regulates public water systems and who is responsible for private wells
  • Describe the permits and rules that apply to Idaho dairies and CAFOs
  • Describe a water quality result without overstating or understating the risk

Much of rural Idaho drinks groundwater, either from a town well or a household well. Water quality and water quantity run through the same rock. Anyone who follows one without the other misses half of it.

How a well works on an aquifer

A pumping well lowers the water level around it into a funnel shape called a cone of depression. Pump harder or longer and the cone widens. When cones from neighboring wells overlap, each well's water level drops further than it would alone. That is the physical basis for most well-versus-well disputes, and it is why Idaho Code 42-226 protects senior well owners only in keeping "reasonable ground water pumping levels" set by the director, not every last foot of water table.

Ground surface Water table Older shallow well New deep well overlap lowers both
Cones of depression. A new high-capacity well can lower the water level in an older, shallower well nearby.

Who protects drinking water

EPA defines a public water system as one that serves at least 15 service connections, or an average of at least 25 people for at least 60 days a year, publicly or privately owned. EPA counts over 148,000 of them nationally. They come in three flavors: community systems that serve the same people year round, non-transient non-community systems like a school with its own well, and transient systems like a campground or gas station. In Idaho, DEQ carries out the drinking water rules for these systems.

Private household wells are different. EPA says water from private domestic wells is not regulated by the federal government under the Safe Drinking Water Act, and that private well owners are responsible for delivering safe water to their households. No agency tests your well unless you ask. That one fact explains why nitrate problems can sit for years in rural areas without anyone counting them.

Nitrate

Nitrate is nitrogen in a form that dissolves easily and moves with water. EPA lists its sources as fertilizer runoff, leaking septic tanks and sewage, and erosion of natural deposits. In farm country, manure applied beyond what crops can take up adds to the load. The drinking water standard, the maximum contaminant level, is 10 mg/L measured as nitrogen. Nitrite's is 1 mg/L. EPA says infants under six months who drink water above the nitrate limit can become seriously ill, with shortness of breath and "blue-baby syndrome" among the symptoms. Anyone worried about their own family's exposure should talk with their own doctor and get their water tested.

Idaho DEQ designates nitrate priority areas where groundwater nitrate is a known concern and uses them to target sampling and protection work. IDWR hosts a statewide map layer of those areas. DEQ ranks and revises the list periodically; use the current DEQ list, not an old news article.

Worked example: the unit trap

Nitrate can be reported two ways. Nitrate-nitrogen counts only the nitrogen. Nitrate (NO3) counts the whole molecule. Nitrogen weighs about 14 and nitrate about 62, so 62 divided by 14 = 4.43. To convert NO3 to nitrate-nitrogen, divide by 4.43.

Invented wellLab reportsAs nitrate-nitrogenVersus the 10 mg/L standard
Sagebrook city well 36.2 mg/L as N6.2Below
Larkin family well40 mg/L as NO340 divided by 4.43 = 9.0Just below
Quill Springs school well58 mg/L as NO358 divided by 4.43 = 13.1Above

Anyone who reads the Larkin result as "four times the federal limit" is wrong by a factor of four. Anyone who calls 13.1 mg/L as N "barely over" misses that the school well is 31 percent above the standard ((13.1 minus 10) divided by 10). Always find out which way the lab reported it.

Dairies and feeding operations: who regulates what

Idaho ranked fourth nationally in milk sales in the 2022 Census of Agriculture (lesson 7 has the numbers). Large dairies concentrate a lot of manure in one place. Several layers of rules apply, and people often credit or blame the wrong agency.

LayerRuleWhat it requires
Federal definition40 CFR 122.23An animal feeding operation confines animals 45 days or more in 12 months on ground without crops. Large CAFO: 700 or more mature dairy cows, or 1,000 or more other cattle. Medium: 200 to 699 dairy cows.
Federal discharge permitClean Water Act NPDES, EPA Region 10 general permit IDG010000 for Idaho CAFOsCoverage for CAFOs that discharge or may discharge. Site nutrient management plan with public comment, no discharge from production areas except in a 25-year, 24-hour storm design overflow, setbacks for land application, annual manure and soil tests, annual reports.
State dairy ruleIDAPA 02.04.14, enforced by the Idaho State Department of Agriculture (ISDA)Applies to all dairy farms. At least 180 days of storage. An approved dairy nutrient management plan covering every field that gets byproduct. Phosphorus limits, with no phosphorus applied above 300 ppm by the Olsen soil test under the indexing option. Regular inspections.
County sitingIdaho Code 67-6529Counties must adopt rules for siting large confined animal feeding operations, hold a hearing on each site, and consider comments from residents within a one-mile radius (which the board can widen). A county may reject a site even if a state agency approved it.
Water qualityDEQ groundwater and surface water programsMonitoring, nitrate priority areas, receives CAFO reports and discharge notices

One status caveat. The EPA general permit took effect June 15, 2020, was modified in 2024 after a Ninth Circuit decision, and was set to expire June 14, 2025, with administrative continuation if not reissued. ISDA's rule refers to DEQ's IPDES authority over dairies that discharge. Check EPA Region 10 and DEQ for which agency currently issues CAFO discharge coverage in Idaho before you cite it.

Worked example: sizing a storage pond

An invented dairy's plan says it generates 60,000 gallons of process water and manure slurry a day.

180 days of storage: 60,000 times 180 = 10,800,000 gallons. In acre-feet: 10,800,000 divided by 325,851 = 33.1 acre-feet. A pond 10 feet deep would need about 3.3 acres of surface (33.1 divided by 10), before freeboard for storms.

If an inspection report says the pond holds 7 million gallons, that is 7,000,000 divided by 60,000 = about 117 days. Ask why.

Fair framing

Dairy groups point to state rules that are stricter in some ways than federal ones (every dairy, not just permitted CAFOs, needs an approved plan) and to the economic weight of the industry. Neighbors and some water quality researchers point to rising nitrate in parts of the aquifer and to the gap between a plan on paper and what happens in a wet spring. Both can be true. The checkable questions are specific: what do the monitoring wells show over time, how often was this facility inspected, and what did the inspections find.

Common mix-ups

  • Claim: Every high nitrate reading comes from dairies. What the evidence shows: EPA lists fertilizer, septic systems and natural deposits too. Sorting sources takes data such as isotopes, land use and well depth. Don't assign blame without it.
  • Claim: CAFOs are unregulated. What the evidence shows: In Idaho, dairies face ISDA plan and inspection rules, possible federal discharge permits and county siting rules. Whether enforcement is adequate is a fair question; the rules exist.
  • Claim: The state tests private wells. What the evidence shows: Only when a program offers it, like DEQ sampling in a priority area. Otherwise testing is up to the owner.

Reporting angle

  • Request ISDA dairy inspection reports and compliance schedules for facilities in your area. Ask how many inspections per year.
  • Pull the CAFO's nutrient management plan and annual reports from the permitting agency.
  • Get DEQ's current nitrate priority area list and any trend data for monitoring wells near your area.
  • For a public water system, request the annual Consumer Confidence Report and any violation notices.
  • For a county siting hearing, check the one-mile notice list and whether the board widened it.

Research angle

Check yourself

1. What is EPA's maximum contaminant level for nitrate in public drinking water?

2. A private lab reports 40 mg/L nitrate (as NO3). What is that as nitrate-nitrogen?

3. What counts as a public water system under the Safe Drinking Water Act?

4. Under the federal CAFO rule, a dairy becomes a Large CAFO at how many mature dairy cows?

5. Under IDAPA 02.04.14, how much storage must a dairy have for byproducts?

6. Under Idaho Code 67-6529, who may comment at a county hearing on siting a large confined animal feeding operation?

Terms in this lesson

Cone of depression
The dip in the water table around a pumping well. Overlapping cones from nearby wells can lower each other's water levels.
Maximum contaminant level (MCL)
The highest level of a contaminant EPA allows in public drinking water.
Nitrate-nitrogen
Nitrate reported by the weight of its nitrogen only. The drinking water standard is written this way.
CAFO
Concentrated animal feeding operation: an animal feeding operation that meets size thresholds or is designated because of its discharges.
Nutrient management plan
A plan that matches manure and fertilizer applications to what crops can use, field by field, to keep nitrogen and phosphorus out of water.
Nitrate priority area
An Idaho DEQ designation for an area where groundwater nitrate is a known concern, used to target monitoring and protection.

Full glossary

Sources