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L & S Water Power, Inc. v. Piedmont Triad Regional Water Authority

211 N.C. App. 148, 712 S.E.2d 146 (2011)

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L & S Water Power, Inc. v. Piedmont Triad Regional Water Authority

North Carolina Court of Appeals
211 N.C. App. 148, 712 S.E.2d 146 (2011)

Facts

A water dispute arose between L & S Water Power, Inc. (L & S) (plaintiff) and Piedmont Triad Regional Water Authority (Piedmont Triad) (defendant) over L & S’s diminished riparian rights. Piedmont Triad obtained a certificate allowing it to divert water as part of the construction of the municipal supply project. L & S, which operated a dam downstream from the point of diversion, experienced a decreased water flow due to the diversion. Piedmont Triad’s diversion reduced, and would continue to reduce, the natural rate of flow in the water source. L & S filed a complaint against Piedmont Triad for inverse condemnation. L & S asserted that the decreased water flow deprived L & S of its riparian rights without compensation. The trial court found a taking of L & S’s common-law riparian rights. Piedmont Triad appealed the trial court’s decision.

Rule of Law

Issue

Holding and Reasoning (McCullough, J.)

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