Stillwater Water Co. v. Farmer

This was an action brought to restrain the defendant from interfering with subsurface waters, which, percolating through the ground, served in part to supply a spring situated upon plaintiff’s property, which spring the latter uses to furnish its patrons, the people of Stillwater, with water for domestic use; the plaintiff’s business under its charter being to provide the city and its inhabitants with water for both fire and domestic purposes. For other than domestic purposes water is taken from McKusiek Lake by plaintiff company, but it must rely upon this spring, which is quite large, and…