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it i ORDINANCE NO. 10-21 CITY OF ELK RIVER i AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD NEW SECTION 78-26 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON PROPERTIES WITHIN THE CITY SERVED BY THE CITY WATER SYSTEM Findings of Fact i The City Council of the City of Elk River finds that it is necessary, to protect the integrity of the City Water Utility and to ensure adequate water supplies to meet the health, safety and welfare needs of the City and its residents, to prohibit the installation of Private Wells for Domestic Use on properties served by the City water system. THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 78 of the Elk River City Code of Ordinances shall be amended to add new Section 78-26 as follows: Section 78-26. Private Wells for Domestic Use. a. The installation of new Private Wells for Domestic Use on any property to which City Water Utility Service is available, other than wells which serve a single-family buildable Lot (as defined in this Code), is prohibited, subject to the exceptions set forth in Section 78-26 (c). b. Private Wells for Domestic Use in existence on October 18, 2010, and Private Wells for Domestic Use installed subsequent to October 18, 2010 on properties to which City Water Utility Service is not available at the time of installation, may remain in use provided they comply with all applicable regulations, including but not limited to 42 USCS §300f — 300j-26 and Minn. Stat. §§144.381 to 144.387. C. "Private Wells for Domestic Use" shall mean any well not owned by the City Water Utility which is drilled or installed for potable water or irrigation purposes. "Private Wells for Domestic Use" shall not include wells drilled for such purposes as dewatering, groundwater monitoring, heating or cooling, elevator borings or environmental bore holes. Section 2. That this Ordinance shall take effect upon adoption.