§ 14-96. Effect of excessive large-scale water withdrawal.  


Latest version.
  • (a)

    If the town board determines, during the course of operation of new construction or new use, that a previously productive well fails to yield water as a result of, or is otherwise adversely affected by, large-scale water withdrawal of the new construction or new use, the town may require the building permittee, the owner/operator of the new construction or new use, and/or the landowner of the property where the new construction or new use is situated, to compensate the adversely affected well owner for the expense of drilling a new well, or otherwise obtaining an adequate replacement supply of potable water. An adequate replacement supply shall be determined by the number of gallons per day which was previously used by the adversely affected well owner.

    (b)

    Nothing in this section is intended, nor shall be construed, as abridging, limiting, or otherwise affecting any private cause of action that an adversely affected well owner may have. Further, any activity or condition declared to be a public nuisance by this article shall be abatable in the manner provided by law, or equity for the abatement of public nuisances.

(Prior Code, § 8-7-9)