|
A number of residences and a few small businesses
line Route 68 east of Clarksdale. The area is not served by
a public water service and all homes and businesses must produce
their own water from wells drilled into a shallow aquifer. An
increase in bottled water and beverage production at Liston
Bottling was followed by a lowering of water levels in nearby
wells. Water wells at the Smith and Ralston residence now go
dry with minimal pumping and decreased water levels have been
noticed in all wells within 1000 feet of Liston Bottling's production
well. William Jaffray obtained a construction permit to build
a home on his property but now fears that a home built there
will not have an adequate water supply. A history of property
development is given in the table below.
You will serve as the judge. How should the dispute of "Smith
and Ralston vs. Liston Bottling" be settled? How should
a dispute of "Jaffray vs. Liston Bottling" be settled?
A time line is provided below to assist you in making a decision.
You should also understand the applicable water laws as they
provide a basis for settling this type of dispute.
|
Date
|
Construction and Water Supply Development
History
|
|
1976
|
New homes built along Route 68 by the
Smith, Ralston and Toffler famlies. |
|
1988
|
James Liston opens a small bottling plant.
New homes built by Rogers and Johnson families. William
Jaffray purchases a building lot from Ronald and Lena
Smith. |
|
1992
|
Nancy Weller builds a home and showroom
for her kitchen flooring business. New home built by
Anderson family. Sundale Foods opens a convenience store
with gasoline pumps. |
|
2001
|
Wilson and Walters families purchase building
lots from Nancy Weller. Liston Bottling begins construction
of a larger plant and drills a larger diameter water
production well. |
|
2002
|
Liston Bottling steps up production to
50,000 units per day. Three months later Ralston and
Smith families begin to see their wells go dry with
minimal pumping. Water levels drop in Rogers, Johnson
and Anderson wells. |
|
