It's the weather stupid

Dennis Putnam dap1 at MINDSPRING.COM
Mon Jul 26 17:43:47 MDT 1999


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At 07:16 PM 7/26/99 -0400, you wrote:
>  SNIP
>        Are there any Constitutional scholars who want to chew on
> the legality of
>this one? In my mind, so long as a customer is paying for the water,
>he/she has a right to use it. Since Ridge is a single person, he has
>basically made a fascist declaration and therefore, is abusing his
>power.

I don't think this is a problem. First of all most water systems are
owned and managed by the respective municipality. You pay for the
water used but as a public utility there is nothing that
Consitutionally prohibits the owner from restricting the usage in the
public interest. I think the same would be true of a privately owned
water company (if there is such a thing) however, the company, not
the government, would determine any usage restrictions and how they
would be enforce. Obviously owners of private wells are completely
exempt from regulation, at least in most places. PA might be an
exception for 2 reasons. It is a commonwealth and to my knowledge
when one buys property in that state it NEVER includes mineral rights
without going through a special process to purchase them seperately.
I don't know if water is considered a mineral in the legal context of
those rights.

My garden is doing just fine thank you due to my irrigation system
via my own well. Water restrictions not withstanding. Fortunately,
down here we have been getting a fair amount of rain lately so things
are easing a bit but water restrictions are still in effect (mostly
voluntary).

>  SNIP

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Dennis Putnam                   Public Key can be obtained from:
Loganville, Ga.                 <http://www.geocities.com/Heartland/Estates/8573>



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