State v. Michels Pipeline Construction, Inc.
Supreme Court of Wisconsin
217 N.W.2d 339 (1974)
Relevant factsFree
A sewerage commission (defendant) granted Michels Pipeline Construction (defendant) an easement to build sewer infrastructure in Greenfield, Wisconsin. Michels' pumping lowered the local water table, drying up nearby residents' private wells and causing soil subsidence. Michels demurred, relying on a 1903 precedent (Huber v. Merkel) holding that no cause of action existed for interference with underground water, and the trial court sustained the demurrer.
IssueFree
Whether a landowner enjoys the freedom to use underground water for any purpose as long as the use is reasonable.