Question
A ten-year drought has greatly diminished the primary aquifer in the State of East Carolina. In 2010, the State passes a regulation to deal with
A ten-year drought has greatly diminished the primary aquifer in the State of
East Carolina. In 2010, the State passes a regulation to deal with overuse of
water by existing land owners. The new law limits existing well owners to
pumping no more than 25,000 gallons of groundwater a day, no matter how
much water they had previously been using.
Fiona is a farmer in East Carolina. Her family has been using roughly
100,000 gallons of groundwater a day since the late 1800s for irrigating the
family farm. During this time, her neighbors have never complained about
her water use. Fiona continues to use 100,000 gallons of water, and the
government sues.
What arguments can Fiona make that she should not have to reduce her
water consumption, and what arguments can the State raise in response?
Who should prevail and why?
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