Just when you thought it was safe to drink, California homeowners now have a new enemy, a chemical compound called perchlorate. This substance is associated with rocket manufacturing and testing. Since regulators have only recently discovered this new threat in certain wells, little is still known about it. But, it is clear that California considers this substance to be a threat and is directing water supply companies to close affected water supply wells when possible.

According to the California Department of Health Services, testing in the northern California, the north coast region, the central region and the southern region reveal elevated levels of this chemical. The primary concern known to date associated with this substance is that it can interfere with thyroid function. However, scientists are only now looking at this chemical from the standpoint of people drinking it. Thus, the last word on the possible dangers associated with it is not yet out.

The State is asking water providers using water supplied by wells to close those wells if they are contaminated and closure is possible. While many people do not realize this, it is common for public water suppliers to obtain their water from wells. The clear message, however, is that private home owners with wells in these affected areas should also check for these contaminants.

Indeed, dangerous groundwater contaminants in effect pose more of a problem for private homeowners who rely on wells than they do for public water supply companies that take their water from wells. This is so because water companies test the water they sell on a regular basis and the water must meet strict standards. Individuals, on the other hand, tend to be lax about testing. This can be a serious mistake as chemical or biological contamination can lead to illness, and perhaps in certain instances, miscarriages and death.

TRADITIONAL FALSE SENSE OF SECURITY
Many Americans have a false sense of security about their well water. We all know that people become sick in developing nations after consuming bad water, Many believe that such problems cannot exist here.

Nothing could be furthest from the truth. America has a rich industrial and agricultural history. Over time, many chemicals associated with manufacturing and farming have found their way into our drinking water supply. Often, such chemicals were stored in underground steel tanks that leaked and contaminated wells. On other occasions, surface leaks have soaked into groundwater with the rains. Drinking water supplies come from these contaminated groundwater sources, which are called "aquifers."

Unlike public water providers, private well owners often mistakenly believe that their water is "free" of charge and they should not spend money to periodically test the quality of their water. This is a serious mistake. If you have a private well, you must test the water quality at regular intervals. Otherwise, you have no way of knowing whether there are problems with the water. And if you are purchasing a well water dependent house, you need to test before you take title.

There is one other common mistake that homeowners have about their well water. They believe that if one time testing shows it is clean, they needn't ever test again. Since groundwater flows, contamination in it also flows. So a well that tests clean today may only be clean because the contamination has not yet reached it. You need to test at regular intervals.

Other Reported Well Water Problems
As illustrated in the case of the newly discovered perchlorate, we hear of well problems with increasing frequency. Recently, residents of LaGrange County, Indiana reported a suspicious number of miscarriages. In response, the U.S. Center for Disease Control and Prevention investigated whether the miscarriages were caused by contaminated well water originating from animal waste at nearby farms. Several states have investigated the affects of animal waste on well water and recent federal agricultural rules have sought better controls over farm waste management.

Industrial waste has long been linked to ground water pollution. In 1995, a federal judge ruled that Navy waste contaminated several wells which were linked to various illnesses and deaths in Jacksonville, Florida. And in Toms River, New Jersey, residents have claimed a link between an alleged cancer cluster and industrial releases affecting groundwater. Though the Toms River cases is still unresolved and in question, cancer clusters have popped up in other portions of the United States as well. When they do, well water is frequently considered to be suspect.

What to Do
If you already own a home that relies on a drinking water well, TEST, TEST, TEST. You alone are responsible for ensuring that your family members consume drinkable water. A qualified professional will tell you how often you should test and what to look for when you are testing. This might cost several hundred dollars, which again reinforces that well water should not be considered free water.

Any purchaser of a new home with a well should retain professional assistance to evaluate the water quality. A qualified inspection is always worth a reasonable fee. Remember, if you test after you purchase, you might very well have no legal recourse against the seller. You need to test before you purchase, not after.

The federal government has developed guidelines to establish safe levels of various pollutants that may be found in drinking water. The list is a good guidance document. But it does not mean that well water with contaminant levels under those identified as dangerous by the government is water that should be considered to be acceptable. First, there is some controversy over the accuracy of these limits. This is illustrated by the fact that some states have limits that are more stringent than federal limits.

Some states have funds set up to assist home owners with bad well water. In such cases, the buyer and seller need to determine who will apply for such funds, and who will benefit from the proceeds if the application is successful. Again, competent professional guidance is required to evaluate these considerations. Where funds are available, there might be strictly enforced time limits by which applications need to be made.

Don't Buy an Expensive Problem
Even polluted wells can be fixed. Filters and more costly treatment devises are available and can often address this problem. But, these systems can be costly to install, to maintain, and to operate.

If you want to purchase a house with a well problem, look for a sufficient price adjustment to pay these costs. If you already own property with a well that has become contaminated, find out whether your state or local government can provide financing for this equipment, or for the costs of connecting to a public water supply. If the problem is out of hand, you may need to retain a lawyer to help you recover your expenses and losses.

In conclusion, even dream houses require drinkable water. Bad water can make people sick. And even the "stigma" of bad water (whether or not the water is bad) may lower the value of a house. Before purchasing a house, qualified experts must evaluate the quality of the potable water supply, and provide viable alternatives in the event the water is inferior. The key to this issue is that it needs to be resolved before the purchase, not after the purchase.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.