Homes on private wells could continue watering their lawns during a drought even when homes connected to municipal systems have to stop, under a bill being considered in the state Legislature.
“Private wells are private property and this has always been the legal tradition – we have what are called riparian rights,” said Rep. Daniel Itse, R-Fremont, the prime sponsor of the bill, HB 1226.
Itse argues that in such a case, property owners should be paid by communities to compensate them for not being able to use their wells.
“If the state were to allow damages to the property owner, for loss of property, that would be acceptable,” he said.
“It’s a continuing encroachment upon property rights, a change in the terms under which property was bought.
The government needs to be held accountable for that.” The bill would still allow municipalities to limit outdoor water usage by homes connected to public water supplies.
In the summer, total water use increases to 93 gallons per capita per day due to outdoor water use, which is mostly attributed to lawn watering,” according to the 2017 municipal drought guidelines issued by the Department of Environmental Services.
The current law (RSA 41:11-d) says communities can restrict “residential outdoor lawn watering when administrative agencies of the state or federal government have designated the region as being under a declared state or condition of drought.” There have been efforts to expand the authority by allowing municipalities to keep business from doing outdoor watering as well as private residents but those have not gone anywhere in the Legislature.
Last year a version passed both houses but was sent back to committee, where it effectively died.
(David Brooks can be reached at 369-3313 or dbrooks@cmonitor.com or on Twitter @GraniteGeek)