Can a city require a resident to hook up to city water?
I believe that a city may impose just and equitable charges for the availability of water facilities but lacks the authority to require a property owner to use municipal water. In the absence of showing that the use of well water is injurious to public health, the city lacks the authority to require a private well owner to use water supplied by the city and desist from using a private well.
It’s the state of Minnesota that has authority to regulate the way in which a well is constructed. The DNR has the authority to regulate the amount of water pumped out of wells. To my knowledge, no federal or state agency has the authority to prohibit a landowner from their riparian water rights to access water under their property. State of Minnesota Statute 412.211 gives the cities the right to regulate the use of wells. The definition of “regulate” is clearly defined in the Minnesota Supreme Court Case of ORR vs. City of Rochester. It states, “The power to regulate does not properly include the power to suppress or prohibit, for the very essence of regulation is the existence of something to be regulated.”
I believe the city has been misled by the influence of the League of Minnesota Cities. No one from the Department of Health has given any right to prohibit wells. They have simply become neutral on the subject because there is no state or federal law stating any agency has the authority to prohibit wells.
Thank you for taking us one step closer to ending homelessness
The north Washington County area opened a home last July to welcome families who did not have a home to call their own. Because of the volunteer hours provided by these churches and groups, we have watched families stay together, grow together and move into the hope that was promised to them.
St. Andrew’s Family Shelter in Hugo wants to thank our partners:
Faith Lutheran, Forest Lake; Forest Hills Methodist, Forest Lake; Hosanna Lutheran, Forest Lake; Wyoming United Methodist, Wyoming; Elim Lutheran, Scandia; St. Genevieve, Hugo and Centerville; St. Pius X, White Bear Lake; Good Shepherd Lutheran, Circle Pines; New Life Lutheran, Hugo; South Shore Trinity Lutheran, White Bear Lake; Forest Lake Good Samaritan Group; Church of St. Peter, Forest Lake; Christ Lutheran, Marine on St. Croix; The Depot, Hugo; and St. Andrew’s Lutheran Church, Mahtomedi.
Director of St. Andrew’s Family Shelter