Damages: Trespass: Subsurface Migration of Oil Field Wastewater to Adja- cent Property Attorney's Fees

摘要

Water produced as a part of oil production activities was discharged by defendant Aera into unlined ponds and allowed to percolate into aquifers underlying plaintiff Starrh's adjacent land. Starrh's use of the water in its aquifers to irrigate its agricultural pursuits is limited because of the salt content of the water. This water has been degraded further by the migration of defendant's wastewater. After Starrh's action for "intentional and negligent trespass" is tried to a jury and a motion by Aera for non-suit is denied, the court grants Starrh's motion for a partial directed verdict. The case involves a "continuing trespass" and is not barred by the statute of limitations.