Prather v. Eisenmann

Prather (domestic well owners) (plaintiff) owned residential property with artesian wells that supplied water for the residential properties. Eisenmann (defendant) constructed an irrigation well for agricultural purposes. The well drew water from the same aquifer as the domestic artesian wells. Eisenmann’s pumping negatively impacted the domestic well owners’ well water supply. The only way the domestic well owners could obtain water for domestic purposes was to drill wells into the shale. The domestic well owners incurred the expense of drilling into the shale due to Eisenmann’s action of destroying the domestic well owner’s artesian pressure and lowering the water below the reach of their domestic wells. The domestic well owners brought an action to enjoin Eisenmann’s water withdrawals and for damages. The district court found that Eisenmann’s withdrawal caused a loss of artesian pressure in the domestic well owner’s wells, interfering with their domestic appropriation. Accordingly, the district court permanently enjoined Eisenmann from pumping. The district court also awarded damages for the necessary costs of providing an alternative method of water supply. The district court found that Eisenmann’s withdrawal of water caused unreasonable harm to the domestic well owners by lowering the water table or reducing the artesian pressure. The domestic well owners obtained a property right in that use, so they should have a remedy for their damage.