Paper No. 33228--.
WATER WARS IN THE SOUTHEAST: THE CASE OF KELLY SPRING VS. THE HARVEST-MONROVIA WATER, SEWER, AND FIRE PROTECTION AUTHORITY, INC
Alabama lacks specific laws to protect landowners from local well fields, so Mr. Morrison’s attorney relied upon Alabama case law that deemed the Authority's use of the groundwater unreasonable, impermissible, and unlawful under the American Rule of Reasonable Use. As the case progressed, sworn testimony was obtained that during times of future drought the Authority intended to increase pumping activity at the water supply well closest to Kelly Spring to meet increased demand in the service area, thereby posing a significant, ongoing risk to the flow of the spring. The Authority countered that it was immune from such lawsuits under Alabama law, taking the issue all the way to the Alabama Supreme Court, which ruled against the claim of immunity. After over four years of hard fought litigation, the parties were able to resolve the dispute voluntarily through a mediation proceeding, and crafted a detailed spring flow monitoring agreement designed to prevent similar damage to Kelly Spring during future drought events.
Preferred Presentation Type: Oral
