HOA Poisoned My Lake to Prevent Me From Fishing — Didn’t Know Their Water Supply Depends on It

HOA Poisoned My Lake to Prevent Me From Fishing — Didn’t Know Their Water Supply Depends on It

Chapter 28

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"You may have claims related to interference, unauthorized use of a protected system, and breach of conditions attached to later development. But you do not own everybody's drinking water just because it passed through a common aquifer. We need to keep that distinction clear."

Tom unrolled a map showing the location of the original spring easement and the later wellfield infrastructure. Parts of the subdivision's pumping and distribution network crossed or relied on areas affected by older recorded rights. The developer's title work had failed to resolve some of those obligations. The documents also contained promises that the water corridor would be preserved and protected from adverse alteration. Rebecca believed those promises were important to the claims against the developer's successor and the utility arrangements, though none of it automatically made current homeowners personally liable.

"How much is it worth?" I asked. She looked at me over the binder. "The water service itself has enormous economic value," she said.

"If you multiply a theoretical monthly access charge by 847 homes across fifteen years, you can arrive at a figure above thirty million dollars. But that is a negotiating illustration, not money a judge has already awarded you, and there are defenses, limitation periods, existing permits, and ownership questions. I will not tell you that you can simply send every family a bill."

I sat back and let the number settle. Thirty million dollars was so far outside my ordinary life that it seemed more like something printed on a billboard than actual money. A few months earlier, I had worried about replacing the roof on our house. Now I was being shown a financial model in which the value of old rights connected to the spring exceeded anything I would earn in a dozen lifetimes. It could have done ugly things to a man if he let it become the only figure he saw.

Sandra spoke before I did. "Those families bought homes in good faith," she said. "Some of them have been bringing us meals while all this is going on. Are we talking about taking money from people who were lied to by a developer?" Rebecca answered that the legal claims could be structured to distinguish those responsible for decisions from people relying on a water service they thought was properly authorized. She also said settlement could preserve the underlying rights while waiving disputed back charges and establishing lawful future access.

I looked at Sandra, then at the map. "That's the way I want to do it," I said. "I want the lake restored. I want the water supply made safe. I want whoever caused this to answer for it."

"But I'm not making an old couple choose between paying their mortgage and paying me for water they never knew was disputed." Tom nodded. Rebecca wrote a note in the margin of her binder. It was one of the easiest decisions I'd made since the trouble began.

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HOA Poisoned My Lake to Prevent Me From Fishing — Didn’t Know Their Water Supply Depends on It

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