Around here, if Rural Water Assn is placing a water line through your property, they think they are ADDING value to your land, as public water supply is available.
After they come through, you can hook up, for 25 bucks a month, IF you do it within 90 days. If it is after 90 days, it is 900 bucks.
If you don't let them through, they condem your property, and take it anyway.
AFTER you let them through, they FORCE you to close your old well, for fear that the public water will be contaminated from your well, if you managed to pump well water into public water.
What is the best way to send Rural Water Packing, back to New York, (where they belong).
I have an irate client, who is dealing with most all of the above.
Nate
Since you're in Arkansas, I'd recommend loud speakers playing deliverance music with shotguns at the ready and after every comment, state that "You shore got a pretty mouth, seeeeeewwweeee!"
Not sure if it will work, but should be enjoyable from the sidelines.
OTOH, if this is normal for the "hood" you're working in, I may try something else with the same shock factor.
😉
They might not actually be able to force you to shut down a well--legally. I have seen this before with water and sewer districts, but when it gets down to where the rubber meets the road, I don't think the water district could force anyone to close a legal water well that is maintained legally. May be state-to-state variation on this.
Gas/oil pipeline companies have incredible power. Exceeds water companies. In many states they can pick a route right thru the middle of your land, and unless you can show that they were arbitrary and capricious, you might not be able to do anything about it.
Frank
Only if they are a common carrier or in an existing unit for a flowline do that have that kind of stroke. Everything else requires easements just like everything else.
It would seem that if the water company was laying a trunk line, they could condem the land.
What can be done?
Elect a conservative who believes in the constitution as written and KNOWS that property rights are as inalienable as any.
I'll bite. Having served on Rural Water District boards of directors for 19 years and a Wholesale Water Supply District board of directors for 9 years, I can address these issues with some knowledge.
The easement for placement and maintenance of a rural water supply line is a significant improvement to the land value once the line is installed. Much like having a power line available to serve the possible electrical needs of the property.
The district does not FORCE the landowner to do away with their well. By following statutes relative to public health, they require no crossconnection with other water sources. The owner can run lines from the well to the bathroom stools and anything else they choose. They simply should not allow water from both sources to flow through the same pipes. In the event of a pressure drop on the District's main line, water from the well could enter the District's lines and be delivered to another District customer. That is not acceptable. This is why airgaps are required between stock tanks and other non-potable liquid storages, like chemical spray tanks, and the District's water supply. Who wants a little Atrazine in their coffee?
I know of no case where the water supply district was able to CONDEMN land for placement of a main supply line. Normally, a different route can be obtained, even if in the county or state road system right-of-way.
The difference in the fee to connect to the water service line is interesting. For the districts with which I am familiar, the landowner receives no such break. The only exception is for the Wholesale Water Supply District which, by law, is not supposed to sell water directly to endusers. What actually happens is that the affected landowner is allowed a specific period during which to opt for a direct connection to the newly installed Wholesale line. The billing for water use for such a connection goes through whichever rural water district would normally be the supplier. This eliminates the landowner having to run a connecting line a much longer distance to the local water district supply line. Once the initial offer period expires, all connections to the Wholesale supply line must serve more than one user (wholesale). In Nate's case, the local water district is simply offering a great deal to potential water users along the main line who are impacted by installation of the new line.
I feel about rural water, like Ted feels about listening to Obama sing. T'aint good!
After hearing many stories, when rural water gets here, I will move!
🙂
N
I think the best way to handle this is to make them an offer that they can't refuse, such as I will give you an easement for $0, if you will put in a stub so that I or later owners of this property can connect for a fee not to exceed $25. Then require that the easement be described by mets and bounds and be tied to established PLSS corners on each end. They will probably reply with condemnation preceedings. Then you get on of those *#@! Lawyers, and file a counter claim for $$$$$$. Find out who is their funding source, probably the U.S. Department of Agriculture and complain to them. If federal money is being used, give your Congress Man, and the Senator who is up for reelection a call and explain how reasonable you have been with the water company and the frederal agency, and expalin how they are trying to run over you. You might still have a water line easement, but you will probably have a nice check to go along with it. Also be sure to ask them to pay your legal fees. Also ask for an agreement that they will relocate the water line with 30 days of notice of construction, if you need it relocated for a new road or driveway in that area.
Holy Cow summed it up pretty straight
I am like you, not interested in what they have to sell when it comes to these local water district companies.
The come in and lay down their lines and destroy any other utilities in their way. Mostly they are placed up and down county roads and other R/Ws.
The county officials sign onto the plan and give them free reign of their activities.
There start up money comes from grants.
They purchase land and place well sites where they can and put in storage tanks at advantageous hilltop locations for gravity feed to customers and it always seems that the local potable water levels drop significantly after that.
Our county adopted a company about 10yrs ago. I remember as a kid in Wood County the same thing happening. Were a lot worse tactics going on then.
Here it was $100 sign on before it was laid and $900 after to get a connection. Started out $14 monthly, now twice that a just less than $30 monthly.
The only way I know of for them to not come down your road if for everyone to pool together and refuse to sign up for the service. That is what the small community I live in has done.
We have had to install backflow preventers in our home at our expense so that water cannot flow backwards into the system.
Not only might you need a backflow preventer, the local jurisdiction could require an annual inspection by someone with the training and continuing education on the subject, at perhaps $125 per year.
They'd play hell with me trying to get my well shut down.
