Great River News - Massachusetts Appeals Court Affirms Lower Court Decision

Ipswich River, June 2025

Great news for our rivers! On July 31, 2025 Massachusetts Appeals Court affirmed a lower court's decision that the state can legally require registered water users to restrict nonessential outdoor water use during droughts! Mass Rivers and eleven member organizations submitted an amicus brief supporting MassDEP's regulations, which were challenged by a group of water suppliers. This gives the state an important and necessary new tool to protect the sustainability of our rivers and water supplies as our climate changes.

In submitting its amicus brief, Mass Rivers was joined by the Ipswich River Watershed Association, the Neponset River Watershed Association, the Parker River Clean Water Association, Mass Audubon, The Taunton River Watershed Alliance, the Connecticut River Conservancy, OARS 3, The Jones River Watershed Association, Clean Water Action and the North and South Rivers Watershed Association. The Charles River Watershed Association also intervened in the case to support the state's regulations.

Mass Rivers and the Ipswich River Watershed Association petitioned MassDEP in 2017 to include conservation conditions for registered water users, and the organizations are encouraged that the appellate court has affirmed the legality of this action.

"Here in Massachusetts, most people do not think of water as a scarce resource, yet in much of the state, droughts can threaten both rivers and water supplies," said Julia Blatt, Executive Director at Mass Rivers. "This new regulation can help extend the life of both."

"We know that water conservation can have a big impact on both the health of rivers across the Commonwealth and the resiliency of our water supplies," said Erin Bonney Casey, Executive Director of the Ipswich River Watershed Association. "We are thrilled that this court decision supports DEP's ability to update water conservation requirements. The ability to keep regulations rooted in up-to-date science and on-the-ground conditions is essential as we grapple with the impacts of climate change."

The petitioners were represented by Earthrise Law Center of Lewis & Clark Law School in filing the amicus brief.