Written by OLIVIER JAMIN
WATER & WASTEWATER CONSIDERATIONS FOR CRAFT DISTILLERS
T
he number of craft distilleries in the United States has Once an application is approved, the applicant will be increased dramatically in the last few years, with the given some time to “prove up” the water right and demondemand for craft spirits growing and slowly catching up to strate to the agency that the water is in fact being put to as that of craft beers. As with many industries, this growth beneficial use in accordance with the conditions imthe brings to light its fair share of challenges. One such posed by the agency. At that time, the water right may “pr ior challenge is that distilling requires large amounts of be deemed “perfected” and will be appurtenant to the appropriwater, and releases similarly large amounts of wasteland, meaning it will automatically follow the land ation” system water with high amounts of organic and nitrogen when purchased. Talking about land purchase, one of water law, or compounds, low pH, high temperature, and may also be well-advised to look into the avail“first in time, first other potential pollutants. This often creates a ability of water rights when considering the purin right.” This means need for wastewater or stormwater permits, chase of a property with an existing distillery that in times of drought, which can be lengthy and costly as regulaor with plans to develop a distillery. If a signifwater users with an older wators are not yet as familiar with distilling icant amount of water is required for operter right will be prioritized over processes, as opposed to the winemaking ations of the distillery, a prospective buyer more junior users. process, for example. In this article we should proceed with some due diligence Generally, relying on groundwahighlight some legal issues and considto determine the validity of water rights ter (through a well) or surface water erations regarding water procurement associated with the property, if any, to (through a stream diversion) requires and handling of wastewater, and how assess whether enough water is availthe user to apply for a water right. There to get ahead of those issues to miniable to operate said distillery. are exceptions to the permit requirements for mize risks of non-compliance. groundwater: For example, some states allow a WASTEWATER & property owner to use well water for commercial STORMWATER ACCESS TO WATER or industrial purposes without a permit if that use is ISSUES Distilleries use almost 12 limited to 5,000 gallons per day. This may allow some Water considerations for distimes as much water by volcraft distilleries to operate without a groundwater pertilleries do not stop at proume as they produce alcohol, mit, but as operations and water use increase, permit recurement, but also implicate which, depending on the size quirements could be triggered. stormwater runoffs and the of the distillery, may require Because of the delays associated with securing a water discharge of wastewater from ensuring that adequate water right, it is good practice to keep track of water usage to unthe distilling process. Those resources are available. This is derstand how business growth may in turn trigger the need for discharges are considered less of an issue for craft distillpermit, and work with a water attorney or a water consultant to industrial wastewater regueries located within municihelp identify hurdles that could come up in the permitting prolated under state and federal pal boundaries and served by cess. Generally, when assessing a water right application, a state law and generally require an a water utility, but distilleries agency will look into whether the proposed use could cause inindustrial discharge permit relying on well water or anothterference with a more senior, established water right. A water and/or a National Pollution er source of water may need to consultant may be able to provide a feasibility analysis lookDischarge Elimination Permit obtain a permit from the releing into the likelihood of an application being granted, (NPDES) or the state equivavant state agency, especially in and may be able to assist in finding alternatives, such lent. Distilleries may be regulatthe western United States where as purchasing a portion of an existing water right, ed through a municipal permit if water is not always readily availif no further water is available for approdischarging to a municipal wasteable. Most western states, including priation in a particular area. water system or through a state perCalifornia, Colorado, Nevada, Oregon, mit if discharging to the ground or to and Washington, follow what is referred to surface water. W W W . ARTISANSPIRITMAG . C O M
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