The U.S. Court of Appeals for the Eighth Circuit recently upheld a municipal ordinance requiring property owners to connect to a public water system in Missouri even when private wells are available.
The court determined that mandatory hook-ups do not constitute a regulatory taking under the Fifth Amendment, despite the financial burden they may cause for property owners. The ruling of Becker v. City of Hillsborough underscores the increasing trend of municipalities enforcing mandatory connection laws, often justified by public health concerns such as PFAS contamination, but also motivated by the desire to secure revenue streams from centralized water services.
The decision has sparked concern among those in the water well industry and rural water advocates who argue that mandatory hook-up ordinances infringe upon individual rights and can render development economically unfeasible.
In response to these legal setbacks, state groundwater associations and private well proponents are shifting their focus to legislative advocacy. States like Georgia have successfully enacted laws protecting the rights of property owners to maintain private wells, setting a precedent for others to follow.
NGWA emphasizes the importance of grassroots efforts to combat mandatory hook-up laws, encouraging members to stay informed about local regulations, engage with policymakers, and educate the public on the benefits of private well systems. Click here to learn more about NGWA's stance on mandatory hook-up.