Withers v. Berea College

PALMORE, Judge.

The appellee, Berea College, owns a large tract of mountain woodland at the head of Cowbell Hollow in Madison County. From 1904 until 1955 it collected and impounded water from five underground springs and a small dam and reservoir for surface water in this area. In 1955, at a cost of about $250,000, it constructed a large dam across the hollow, creating a 20-acre reservoir covering the six water sources theretofore used. It uses the water to supply its own needs and 1,100 paying customers in and around the City of Berea. The watershed impounded comprises the uppermost 690…