| Chapter Index | The Good Earth | |
| Groundwater & Wetlands | ||
| Who owns
the groundwater? The cone of depression for any single well may affect neighboring wells prompting land owners to ask who owns the water below their property? Nearly fifty years ago, Tom Bristor found out the hard way that the state of Arizona considered groundwater to belong to the person who could pump it out of the ground. Like many of his neighbors, Bristor drilled a shallow (50 meter) well to supply the domestic needs of his small ranch in southern Arizona. All was fine for nearly 20 years but in 1948 Bristor's well ran dry, forcing him to drill a new well to a depth of approximately 70 meters. He didn't have to look far to find the reason for his dry well. Bristor's neighbor, Armon Cheatam had been vigorously pumping water from eleven wells, several around 130 meters deep, to irrigate 2,000 acres of nearby desert. The price for short-staple cotton increased by 500% in the dozen years prior to 1950. By 1952 nearly half the cultivated land in Arizona was growing cotton, a notoriously thirsty crop that required extensive irrigation. Like many others, Cheatham sought to make some easy money using the apparently boundless groundwater resource under his feet. Cheatam's wells had created such an extensive cone of depression that they had left Bristor's well stranded above the depleted water table. Cheatam and Bristor found themselves on either side of a legal divide in the complex world or western water law. On the one hand, was the view (Cheatam) that the landowner also possessed everything under the ground surface all the way to the Earth's core. In this view Cheatam could pump as much groundwater as his crops needed as long as the well was on his property. The opposing view (Bristor) followed the doctrine that rocks stay, water moves; essentially that a landowner can't own mobile groundwater any more than he owns the air above his land. Bristor and his neighbors took Cheatam to court accusing him of unreasonable use of groundwater. The court eventually ruled in favor of Cheatam. Source: Slide Mountain, T. Steinberg, 1995, University of California Press |
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