Massachusetts Court Upholds Outdoor Water Restrictions During Droughts

August 4, 2025
• Massachusetts towns will need to follow statewide water restrictions during droughts, whether they agree with them or not.

That’s the message from a recent Appeals Court decision, which upholds new state regulations requiring all public water suppliers, whether operating under a long-standing registration or a permit, to reduce non-essential outdoor watering during periods of declared drought.

The case, Springfield Water and Sewer Commission & others v. MassDEP, was brought by several communities, including the Town of Needham. These towns hold registrations under the Water Management Act, a state law passed in the 1980s that gave towns the right to continue withdrawing the amount of water they were using at the time.

Any withdrawal above that threshold requires a permit, which comes with stricter regulatory requirements. The plaintiffs argued that the state was unfairly imposing permit-like conditions retroactively on registered users.

But the Appeals Court disagreed. In its July 31 decision, the court sided with MassDEP, saying the new rules are necessary to conserve water and ensure fair management of the state’s water resources.

Supporters of the decision hailed it as a win for the environment.

“Water is life – literally,” said Emily Norton, executive director of the Charles River Watershed Association, in a press release. “In recent years, droughts have caused areas of our rivers across the state to run bone dry, devastating fish, amphibians, reptiles and macro-invertebrate populations. The lower court recognized the absolute necessity of common-sense water conservation measures to protect human and nonhuman life alike and we are pleased that the Appeals Court upheld that ruling.”

Needham officials argue the state’s one-size-fits-all approach fails to account for the hybrid nature of the Town’s water system. For most of the year, Needham draws from its local wells, but during the summer months, it buys extra water from the Massachusetts Water Resources Authority (MWRA), which is not subject to the same restrictions. MWRA-only communities, such as Newton, are exempt from these drought rules because their water is drawn from large reservoirs with sufficient storage capacity.

Still, the court emphasized that letting some towns ignore restrictions while others cut back would “directly contradict” the purpose of the state’s Water Management Act to protect the water supply for everyone, now and in the future.

The court also pointed out that MassDEP’s regulation limits use, not withdrawals. Registered towns can still withdraw their full allocation of water, but they must avoid certain types of use, like watering lawns, during drought emergencies.

Although the legal challenge was unsuccessful, Needham may find relief through legislative action. House Bill 1018, currently before state lawmakers, would clarify the rights of registered water users and limit what some municipalities view as regulatory overreach by MassDEP.

In a written statement to Needham Local, the Town said: “The Town is in receipt of the recent Massachusetts Appeals Court decision and will continue to comply with the requirements from the DEP as it has been. Town Counsel is reviewing the decision to help the Town decide on how to best move forward.”