Panel approves amendment to protect private wells, require backflow prevention and registries

The committee approved an amendment to House Bill 5111 that would make it harder for political subdivisions to block owners from drilling private wells on agricultural or single-family lots of one-half acre or more, require backflow-prevention devices when wells are used while a property remains connected to a public water system, and oblige local water systems to maintain a registry of wells in their service areas.

Representative Burns explained the amendment and said the one-half-acre threshold arose from testimony by well drillers who said smaller lots often lack space for equipment and setbacks. "We had testimony...that they really didn't have room with the setback situations...and it was pretty much determined a half acre was the minimum space size," Representative Burns said. Committee members asked whether variances would be available and whether zoning would affect eligibility; members responded that the Department of Environmental Services can grant variances and the bill is focused on lot size rather than zoning.

Members also sought clarity on whether property owners already connected to a public water purveyor could disconnect; speakers said owners could stop using the public supply but would typically remain subject to base connection fees charged by the purveyor.

A motion to pass the amendment, which will become the bill, was seconded and the roll call showed the committee approved it 14-0 with four members absent. The bill advances for further consideration.