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Yes. That would be theft as your neighbor is paying for the water usage.
I meant to say it is illegal - it is not legal. It would be theft.
No my neighbor has no problem with it
I am building new house and it is closest to his property so we will be splitting water bill
Oh. I see. If your neighbor has no problem with it, then it is not illegal as long as they are allowing it and it is paid
Is someone saying it is illegal?
The water company is complaining and saying it is illegal
threatning to shut off neighbors water
I see. Have they said on what basis it is illegal?
Is it because they want to ensure that you have water hook up?
So far nothing really, just complained and said they will talk to their lawyer about it.
Said it is taking money away from them
Well, as long as your neighbor is paying the bill, I can't see why they would have a gripe
Is there unlimited use for a monthly fee?
I suppose bc they are not getting the new hookup fee of $1700, and monthly minimum
No we get charged by amount used
Well, if your house is in construction phase, and you are not at that point where you are required to have hook up, they will just need to wait until you get to that point.
If he is paying his bill, it cannot be shut off
No we already have water line in and now they are threatning to shut off meter
They said they can shut off bc it is an illegal meter or something
Are you tying your line into his meter?
Ah. Yes, that would not be legal
No I am tying into his line after the meter
I thought you were merely using the water because you had no lines
No, he has a meter and line already, and I was tying into his line after the meter
Is that to be a permanent situation or are you just doing it until the house is complete?
If it is temporary, then it is one thing
No we have it permanent
If you are doing it on a permanent basis, that is not allowed. Everyone has to have their own water situation. Unfortunately, you need to pay a hook up fee.
If you paid the $1700 and still used his water, they would still not allow it. You see? It is not about the fee.
What if I wanted to run a garden hose from his house to fill say a sistern?
What you are doing is very clever though.
See it is only 500 ft to his water and about 2000 to where they want me to hook up
Using the water on a temp basis or in an emergency is one thing. Hey, I like your idea. You can wait to see what the county/town attorney has to say on the matter. Maybe you found a loophole. But it would be corrected
Is there a SD law saying you cant run water to your neighbor if you dont cross public or private property?
In other words, if they cannot provide an exact provision for you, then they has no case. I would not have anyway to find that law as it would be a local ordinance and not a state law, you see?
We would have nothing like that
So consider waiting for an opinion from the County/town attorney on the matter and request they provide that law for you
You have local ordinances. Now, whether there is one that pertains to this is another question
You may have found a loophole. However, the law would say that each home must have a separate water system
It would not say that you cannot borrow water from your neighbor via an outside source
And, even if it is a loophole to avoid the service fee, I guarantee they will amend it at the next town/county meeting
It is a long story, the meter to the neighbor is outside city limits but is city water. It is grandfathered in, bc now you cant run new line outside of city limits.
Ah, then that is the law you need to review. See what it says about separate water sources
See im using a line grandfathered in. I am out of city limits using city water. BUt, the city has no problem with it. The water district does bc I am not getting it from them. Even though they serve both.
I understand. SO what you need to do is review the law and see if it says there is a prohibtion on you tying into an existing source
Thats what I am trying to find out
that has been grandfathered.
I cannot access those local laws
It is not a state law
Every county or town has local ordinances in this regard
What would be the best way to defend against them
You need to get the information from you county commissioners or town council
They have no problem with it
It is water district complaining
I understand that. But they have the laws as it pertains to the water district
if the water district is in the law, then you cannot do it.
If there is nothing in the law, then you can - however, the water district will surely be at the next council meeting requesting an amendment
Where can I find this law at?
with no grandfather clause. You would need to be there and argue you already did it, there was no law at the time
Do you have a town council and Mayor?
Good. Then go to the Town hall and tell them you want to see the muncipal ordinances
Not sure if we have any
You can specifically state as it pertains to city water v water district hook up
Oh you have them
All towns have local laws
they are called Municipal ordinances
So would this even be an issure for the water district or city if it is their meter
It would be a issue of the water district, if you are in its jurisdiction. If you live outside the city limits
But the local laws will apply
So I should check with county court house
If you go to the County level, then you would go to your county commissioners or county executive's office
and request the local laws as they govern the city v the water district hook up laws
I wish I could access them for you.
I suggest you start at your town level
and then the county level
And if the water district attorney responds on this issue, request to see the law