To what maximum depth can a water well be drilled so as not to register it and not receive a fine

  • Sep 08, 2022
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The village where I have the honor to live is famous for the fact that people living in the neighborhood with each other are very friendly and you can always rely on them in difficult or incomprehensible situations. While living in a country house, many questions arise that people living in cities do not face. For example, issues related to drilling wells for water on the territory of their site.

Once, a neighbor came to me with such a problem, who was going to get his own well, but was afraid to start work, because someone told him that it was forbidden. Allegedly, there is a certain article in the law "On Subsoil", which says that it is forbidden to have a well in private ownership.
To what maximum depth can a water well be drilled so as not to register it and not receive a fine

To my regret, I could not help him at that moment. I simply did not have the necessary information to the extent to give the right advice, but implicitly it seemed to me that there was some kind of snag about the ban. This topic captured me and I began my investigation in order, firstly, to clarify everything for myself, and secondly, to help my neighbor.

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I had to sit down at the computer and start studying documents that could unequivocally put all the dots in their place. Information was found on the Internet, but it was so complicated and confusing that I did not immediately get the truth from it. I had to sweat, but it was worth it.

Here's what I found out. Article 19 of the Law "On Subsoil" states that the owner of a plot of land can create underground structures, the depth of which does not exceed five meters. One might get the impression that a well cannot be drilled below this limit, since if it is deepened further, it ceases to be considered the property of the landowner.

But can a well be only five meters deep? Of course not, that's nonsense. So, it turns out that if a person drills a well to a great depth, he will break the law and be punished? Moreover, the punishment in this case is provided, both administrative and criminal. The owner of the site will be forced to fill up the well and pay a fine.

I had to take over the Civil Code. From it, I learned that every owner of the site can use the outer layer of the earth. The Code in this matter refers to the Law "On Subsoil". I found and studied the 2019 amendments to the law.

It states that the owner of the land can use the water lying in the upper layers, since it is not potable, and the state controls artesian water, which lies at much deeper levels. Therefore, it is easy to drill the earth even to a depth exceeding five meters several times.

But in order to drill a well to obtain artesian water suitable for drinking, everything must be done according to existing legislation, that is, obtain permission from the relevant authorities and obtain a special license. Without these documents, you can only drill up to the second layer of sand.

What I figured out from reading the docs:

  • the depth of the well should not exceed thirty meters;
  • the volume of produced water should not exceed one hundred cubic meters per day;
  • the owner of the site has the right to the full use of water and minerals located on his site.
Image source: site
Image source: site

Accordingly, it is allowed to drill a well in the area. The main thing is to do everything according to the law and follow all the rules.

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