Question
Real Estate Law Henry owns a farm adjoining Black River and withdraws water from the river for domestic purposes. Deep Pockets, Inc. (DP), a manufacturing
Real Estate Law
Henry owns a farm adjoining Black River and withdraws water from the river for domestic purposes. Deep Pockets, Inc. (DP), a manufacturing company, owns real estate downstream from Henry and uses all of the water from Black River for manufacturing purposes. DP began using the water before Henry purchased the farm. Recently DP purchased real estate upstream from Henry and transports all of the Black River water from that real estate to a new plant twenty miles away. As a result, Henry has no water and he sues to stop DP from interfering with his water rights. If Henry lives in a riparian rights state, will he win? Why? In the above question, will your result change if the property lies in a prior appropriation state? If so, how and why?
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