Conclusion

The Complainants feel that the well in question is illegally located on their property and that the water from said well is unsafe. The facts and the law, however, do not support Complainants' contention that the Commission is the proper forum in which to adjudicate these issues. The issue of the legality of the well's location is currently being adjudicated in Placer County Superior Court. DPH has jurisdiction over the well's water quality and has determined that the water from the well is safe for human consumption.

The instant complaint should be dismissed.³⁰

³⁰ On May 22, 2012, Complainants filed a "Motion to add additional recently obtained documentation to original brief" the Motion was not properly served or filed with the Commission, never the less, we have reviewed its substance. The contents of the Motion, if accepted, would not change the disposition of this proceeding.