Percolating Water

Question 1

Bradford v Pickles

Answer 1

D owns higher land, water collects underground. Extracts it, preventing city below him from using it. He has a right to the water. Percolating water can be extracted for any purpose (including wasting it).

Question 2

Steadman v Erickson

Answer 2

D caused water to be contaminated. P sues for nuisance. Was successful because groundwater was not yet in the WA. **it is a nuisance to pollute groundwater to the detriment of a neighbour

Question 3

WPA

Answer 3

Gives title in groundwater to government. So WA applies to groundwater, but allows domestic use