July 15, 2002

 

Dear Constituent,

    Thank you for contacting me regarding House Bill 1591, the proposed Water Well Construction Act.

   Many constituents became understandably alarmed about HB 1591 after recent letters in the newspaper, or receiving an email or handout from within their community. Although I do have serious concerns about this bill, please know that some of the information that is being circulated about the bill is misleading.

    For example, the legislation does not contain any authorization to charge residents for using well water, nor does it empower the Department of Environmental Protection (DEP) to require citizens to turn off or cut back on water usage during times of drought. No water well meters would be required, and DEP would not be empowered to trespass or inspect water wells.

    The legislation is intended to establish basic water well construction standards to ensure that wells are drilled properly, and that the underlying aquifer is protected from contamination. All existing wells would be grandfathered. I do have many concerns about HB 1591 – such as creating a water well enforcement officer, imposing registration fees for new wells, and other parts that extend the role of government. An amendment is currently being drafted to remove many of these provisions.

    I also believe the choice of whether to use well water after it has been tested is a homeowner’s decision. I do not support limiting or metering the amount of water withdrawn from private water wells and I will make sure that the bill is amended to prohibit any agency from assuming this authority themselves.

    The amendments I described above are still being drafted, and as such are not reflected in the current version. Thank you again for contacting me regarding this legislation.

Sincerely,

Raphael J. Musto
State Senator