Opinion Number

Dear Mr. Levy:

You have requested an opinion from this Office pertaining to whether or not a private citizen, while parked on a public road right-of-way, has the authority to withdraw water from a running creek through a hose and deposit the water into a tanker truck for that citizen's own private use.

FACTS:

Oil and gas service companies go to the nearest water source, in this case, Mackeroy Creek, to re-supply their tanker trucks. In this case, the tanker truck parks on a public road right-of-way and uses a hose to pump the water from the creek to the tanker truck. Although we address some…