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Re: E-M:/ Well Problem (fwd)



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Enviro-Mich message from "Stewart Freeman" <freestew@pilot.msu.edu>
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Anne et al:
I suggest that you take a look at a Michigan Court of Appeals decision, Jones
v. East Lansing-Meridian Water and Sewer Authority, 98 Mich App 104 (1980).
In that case, 107 residents of Meridian Township claimed that the Authority
(which operated
25 water supply wells in East Lansing and Meridian Township) was responsible
for a loss of water, and water pressure in their private wells. The trial judge
rejected arguments by the property owners that the Authority was guilty of a
nuisance and of a "taking." On appeal, the Court of Appeals held that the
Authority had unreasonably interferred with the subterranean water rights of
the private property owners. The case was remanded for a determination of
damages (and subsequently settled).  There are other good cases on this point
of law, but this is a good starting point.
--Stew Freeman

In reply to this  message:

er-enviro-mich@great-lakes.net using -f
> From: anne.woiwode@sfsierra.sierraclub.org
> Message-Id: <0008149662.AA966282570@ccsmtp.sierraclub.org>

> -------------------------------------------------------------------------
> Enviro-Mich message from anne.woiwode@sfsierra.sierraclub.org
> -------------------------------------------------------------------------
>
>      Bonnie et al:  When a "city" well was put in about 1/4 mile from my
>      house (actually in a rural area) it was put into the deeper aquifier,
>      but was blamed for drying up the shallow well of my neighbor.  The
>      well was required by the township for a development on that same
>      property, and I understand that the developer was required to hook up
>      the neighbor whose well was dried up.  I don't know the law on it, and
>      this is second hand, but I believe there is a responsibility not to
>      undercut a person's ability to use his/her well.  Ask your Twp. attys.
>      to investigate it!
>
>      Anne Woiwode
>
>
> ______________________________ Reply Separator _______________________________
__
> Subject: E-M:/ Well Problem
> Author:  "Bonnie Shupe" <BONNIES@cannontwp.org> at Internet
> Date:    8/14/00 10:55 AM
>
>
> -------------------------------------------------------------------------
> Enviro-Mich message from "Bonnie Shupe" <BONNIES@cannontwp.org>
> -------------------------------------------------------------------------
>
> We have a situation in our Township where wells in a certain area are going
> dry,or the water pressure has become so bad that the homeowner cannot run thei
r
>  sprinkling system and use other water at the same time.  (I know...we won't g
et
> intothat issue!)
>
> Anyway, the coincidence (??) here is that the City of Rockford recently purcha
se
> d property located between these two developments in order to put down a well
an
> d provide water for their city.  They used to get water from the Rogue River
> andtreat it.  Now they are pumping water from this well enough to service a ci
ty
>  of about 4,000.
>
> Has anybody had any experience with a problem like this?  Right now there are
at
> tempts to test the water to see if the City is pulling from the same aquifer t
ha
> t these wells are tapped into.  If it can be proven that the City is having a
ne
> gative affect on these wells, is there anything these homeowners can do?
>
> Please respond if you have any suggestions based on prior experience.  I would
 l
> ike to know if anything like this has ever happened anywhere in Michigan in th
e
> past.  Thanks!
>
> Bonnie L. Shupe, Cannon Township Clerk and Watershed Administrator
>
>
>
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