Section 1202 of the Borough Code

In Herbert v. Commonwealth, 159 Pa. Commw. 208, 632 A.2d 1051 (Pa. Cmwlth. 1993) the Court interpreted provisions of Section 1202 of the Borough Code, Act of February 1, 1966, P.L (1965) 1656, as amended, 53 P.S. 46202, that authorize boroughs to provide water supplies and to require abutting owners to connect to the system, and the Court upheld an ordinance requiring mandatory connection. In Stern v. Halligan, 158 F.3d 729 (3d Cir. 1998) the Supreme Court concluded that a municipality's operation of its water supply system was permissible even if it would seriously and permanently impair private owners' well water supply, where the municipal system would satisfy those owners' needs in substitution.