U.S. Water News Online
EDWARDSVILLE, Ind. -- A local family is suing their water company, claiming it violated a 1979 agreement by cutting off the supply of water to their home.
The agreement between David W. Broadus and the Edwardsville Water Co. gives Broadus' family free water in exchange for granting the company an easement.
Last month, the water company shut the tap after the Broaduses refused to pay for water. The Broaduses sued Aug. 3, claiming the cutoff violated the agreement.
The dispute began after the company decided the Broaduses should stop getting free water because they had allegedly used 1 million gallons over the past seven years -- far above what the company considers normal usage.
Broadus, whose family uses the water for a garden and at a picnic shelter near his two-acre lake, said he doubts the accuracy of the water company's figures for usage from his two taps, which don't include the household supply since that comes from a cistern.
``There is no way we could have used that much water,'' he said.
Richard Rush, the water company's lawyer, said records detail the Broaduses' consumption. Rush said that he's confident of their accuracy and that no leak would account for the heavy consumption.
Over the years, Edwardsville Water has provided free tap-ins to some users in return for easements that it needed to expand, Rush said. That conserved capital and has worked well over the years.
But when the company noticed the heavy usage by the Broadus family, Rush said, it asked the family to start paying -- a move designed to be fair to the system's 3,000 other customers.
The water company also said its 1979 agreement indicates that two taps would be installed for free at the Broadus home, not that water would be provided for free.
Circuit Court Judge J. Terrence Cody has issued a temporary restraining order requiring the company to supply water to the Broaduses until he makes a decision in the case.
A hearing is set for Sept. 25, Rush said, but the case could be settled earlier.
The Indiana Utility Regulatory Commission says a four-person household uses about 5,000 gallons of water a month, on average. At Edwardsville's current residential rates, 1 million gallons would cost about $4,400, excluding taxes and a $3.33 monthly service fee, according to utility commission records. At large-volume rates, the cost would be about $2,530.
Edwardsville sold 466.7 million gallons of water last year, the utility commission said.
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