California Targets Private Property With Latest Water Well Fees, Charges: Report

   / California Targets Private Property With Latest Water Well Fees, Charges: Report #41  

Raul-02

Veteran Member
Joined
Aug 23, 2021
Messages
1,414
Location
the armpit of the entire universe New Jersey
Tractor
kioti DK4710 SE HST CAB
I did a case where the town was trying to force all the landowners to go on town water. The town lost. But in the people's republic of CA this might fly.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #42  

Jstpssng

Epic Contributor
Joined
Aug 7, 2005
Messages
20,486
Location
Maine
Tractor
Kubota L3301
I did a case where the town was trying to force all the landowners to go on town water. The town lost. But in the people's republic of CA this might fly.
The cemetery across from my mother wanted to drill a well but the town wouldn't let them. Instead they have to tie into the town system which was just put in on the road which forms the other side of the tract. They still would have to bring the pipeline another 1000 feet.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #43  

Raul-02

Veteran Member
Joined
Aug 23, 2021
Messages
1,414
Location
the armpit of the entire universe New Jersey
Tractor
kioti DK4710 SE HST CAB
The cemetery across from my mother wanted to drill a well but the town wouldn't let them. Instead they have to tie into the town system which was just put in on the road which forms the other side of the tract. They still would have to bring the pipeline another 1000 feet.
Municipalities and their Constitutionally ignorant elected officials are the Greasest things for young lawyers wanting to make a mark, get a case in the federal reporters, and maybe, get to argue before the Supreme Court.
Municipalities tend not to be run by the most legally savvy of people. They often make rules or pass laws that are so outside of any Constitutional license that they end up being stricken as void on their faces, which means there was not one single thing about the legislation that could be saved. Often the town will want to slug it out and the inferior local courts will side with the town because they can get away with it and the devil take the law.
Then in Federal (you get there because it's a civil rights matter), the inferior Fed courts are sufficiently spotty that sometimes you win and sometimes you lose.

I can't tell you how many times I've read an opinion or been before a state court where the judge didn't care one little bit about the law and just made things come out as they bloody well pleased.
Disciplining the inferior courts is part of the job of the state Supreme court but in my state they almost never do.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #44  

ROUSTABOUT

Veteran Member
Joined
Jan 30, 2008
Messages
2,274
Location
Luther Willis Hill, AR
Tractor
Pettibone, Ford, Massey Ferguson, International, JD, David Bradley, home mades
The city could assume that if you aren't paying a water utility, you have a well. So it would be pretty easy to determine who has one to begin with.
Or you could use your house things as normal. Use your well for everything else. Maybe that garden. Wash that car. California is changing from the place to be, to the place to leave.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #45  

Diggin It

Super Star Member
Joined
Aug 12, 2018
Messages
10,895
Location
I'm thinking, I'm thinking!
Tractor
LS MT125 TLBM
Or you could use your house things as normal. Use your well for everything else. Maybe that garden. Wash that car.
And when there isn't any water because people have wasted too much on lawns and cars?
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #46  

ROUSTABOUT

Veteran Member
Joined
Jan 30, 2008
Messages
2,274
Location
Luther Willis Hill, AR
Tractor
Pettibone, Ford, Massey Ferguson, International, JD, David Bradley, home mades
And when there isn't any water because people have wasted too much on lawns and cars?
Hey, if you have land, and water is under that land, it is your water. I wonder how your argument would be if they found oil on your land. Maybe even a vein of mineral? It'd probably be a little bit different I imagine.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #47  

Oaktree

Elite Member
Joined
Mar 1, 2012
Messages
4,286
Location
Coös, N.H.
Tractor
Kioti LK3054xs
I did a case where the town was trying to force all the landowners to go on town water. The town lost. But in the people's republic of CA this might fly.
At my last house I wish town water came down my road. Well water was awful, had a very "swampy" taste and odor. Neighbors all had the same issues, some had expensive filtration systems which made it less bad. It got so I'd go to a roadside spring a couple miles away for my drinking water.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #48  

Oaktree

Elite Member
Joined
Mar 1, 2012
Messages
4,286
Location
Coös, N.H.
Tractor
Kioti LK3054xs
Hey, if you have land, and water is under that land, it is your water. I wonder how your argument would be if they found oil on your land. Maybe even a vein of mineral? It'd probably be a little bit different I imagine.
That depends on where you live. In many western states buying a piece of property doesn't necessarily convey water or mineral rights.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #49  

brokeasajoke

Silver Member
Joined
Jan 8, 2021
Messages
109
Tractor
320dtc
Water comes up and used for shower, washer, dishes, toilet, etc, then goes back in the ground via septic system. I'm putting it back after use.
 
   / California Targets Private Property With Latest Water Well Fees, Charges: Report #50  

ROUSTABOUT

Veteran Member
Joined
Jan 30, 2008
Messages
2,274
Location
Luther Willis Hill, AR
Tractor
Pettibone, Ford, Massey Ferguson, International, JD, David Bradley, home mades
That depends on where you live. In many western states buying a piece of property doesn't necessarily convey water or mineral rights.
I figure water rights would be surface water. I don't see how they could do sub terranian water. Though they do oil rights here. I'm right near the Haynesville Shale. Already oil wells everywhere, and one company just finished 613 more, and that's just one company. Lithium is here too, they get it out of bromine.
 
 
Top