Back to Basics: Carolina Law Professor Leads Charge for Safer Well Water

In North Carolina, where nearly a quarter of the population relies on unregulated private wells, UNC School of Law Professor Maria Savasta-Kennedy is spearheading efforts to protect residents from potentially contaminated drinking water. As a key member of the North Carolina Well Water Working Group, Savasta-Kennedy has been instrumental in pushing for greater transparency and safety measures surrounding private well water. 

The group’s most recent success came on July 1, 2024, when the North Carolina Real Estate Commission implemented a new requirement for residential property disclosure statements. Sellers must now indicate whether a property’s well water has ever been tested for quality, quantity, and pressure, and provide the date of the most recent test. 

“Our hope is that the new question will put homebuyers on notice that well water testing is crucial in determining the safety of drinking water supplied to the home,” said Savasta-Kennedy. 

This change is particularly significant given that many private wells in North Carolina are contaminated with metals such as arsenic, manganese, and lead. A recent study found that more than 26% of wells had contamination exceeding at least one federal drinking water standard. The lack of regulation for these wells has long been a concern for public health experts and environmental advocates. 

The Working Group, convened by the UNC Superfund Research Program Center and UNC School of Law, includes a diverse array of stakeholders. Researchers, lawyers, government representatives, and community organizations have come together to address the complex issue of well water contamination. 

Prior to the new disclosure requirement, the group had already made strides in educating the public about well water safety. Carolina Law students created informational materials, including a brochure for real estate agents and a video for well water users, explaining the importance of testing and remediation options. 

 The new real estate disclosure requirement builds on these educational efforts.  Savasta-Kennedy notes that while the disclosure marks a significant step forward, it is just one piece of a larger puzzle. To address the complex challenges surrounding private well water, the Working Group has developed a comprehensive set of policy recommendations: 

• Reduce barriers to private well testing by providing free tests for low-income and vulnerable populations, expanding testing capacity at the State Laboratory of Public Health, and improving testing protocols. 

• Support low-income households in treating private well contamination by increasing funding for the Bernard Allen Memorial Emergency Drinking Water Fund, expanding its scope to address naturally occurring contaminants, and improving public accessibility to the fund. 

• Require private well testing for homebuyers and tenants, including mandating tests before property transfers, disclosing test results, and requiring landlords to provide routine test results to tenants. 

As part of their ongoing efforts, the Working Group is exploring ways to address the needs of renters, many of whom are likely unaware of well water issues in their homes. 

With each step, Savasta-Kennedy and the Working Group are working to ensure that all North Carolinians have access to safe drinking water. By returning to the basics of water safety and public health, they’re tackling a complex problem with far-reaching implications for the state’s residents. Carolina law students will continue to support those efforts.