Clarke v. Asarco Inc.

HOLOHAN, Justice.

Plaintiffs Dan W. Clarke and Eileen J. Clarke entered into a lease of agricultural land from Defendant ASARCO Inc. The lease was for a term beginning January 1, 1976, and ending December 31, 1977. ASARCO had purchased the subject property intending to retire it from agricultural use and to extract the groundwater for industrial use on other parcels of land. The legality of using groundwater resources on land other than the land from which it was extracted was uncertain, and while awaiting a decision from the courts on this question, ASARCO leased the land to the Clarkes for…