Re: No Water -- Water Well Helpline Message Board

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Subject: Re: No Water

Author:
Fred Dungan
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Date Posted: 15:11:27 01/21/08 Mon
Author Host/IP: adsl-69-235-87-50.dsl.irvnca.pacbell.net/69.235.87.50
In reply to: Vey 's message, "Re: No Water" on 06:01:55 01/21/08 Mon

When you say "not an exact science" you imply that hydrologists do not know what they are doing and are groping in the dark most of the time. True, hydrology is not an exact science in the way that mathematics is an exact science, but it comes close, a lot closer than political science or economics. The case you picked is an exception and is far from typical. Nestle is a big international corporation whose headquarters are in Europe and they can afford to hire the best lawyers that money can buy. Also, they have political clout where it counts -- national and international. If Nestle had been found to be at fault, it would have resulted in a diplomatic headache for our State Department. No doubt it was pragmatism rather than legal precedence that motivated a not guilty verdict.

>>I was merely using
>>slant drilling as an example of the things that a
>>driller is not permitted to do and in no way meant to
>>imply that this particular driller had engaged in an
>>illegal practice. To the best of my knowledge, none of
>>the regulars who post to this forum (including myself)
>>are qualified to dispense legal advice. In this
>>particular matter, however, I did consult with an
>>attorney who told me that this was "iffy" but it would
>>probably go against the driller if a class action
>>civil suit ever went before a jury (they usually get
>>settled before that).
>
>I'm not an attorney. Last I heard was that "Hydrology
>is not an exact science" so fixing fault was pretty
>near impossible for the courts.
>
>I think that was what happened when Nestle opened a
>new bottled water plant a few years ago in Michigan?
>After sucking millions of gallons a day, the
>neighboring wells went dry. Could have been a drought
>that caused this, could have been a lot of things, so
>no fault found.
>
>Still, the timing of the drilling with all the
>neighboring wells going at dry at the same time, and
>at the time of drilling, certainly would help this
>case.

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Replies:

Subject Author Date

Re: No Water Vey 09:10:05 01/25/08 Fri

Re: No Water -- Fred Dungan, 14:01:45 01/26/08 Sat

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><font face=arial color=scarlet>When you say "not an >exact science" you imply that hydrologists do not know >what they are doing and are groping in the dark most >of the time. True, hydrology is not an exact science >in the way that mathematics is an exact science, but >it comes close, a lot closer than political science or >economics. The case you picked is an exception and is >far from typical. Nestle is a big international >corporation whose headquarters are in Europe and they >can afford to hire the best lawyers that money can >buy. Also, they have political clout where it counts >-- national and international. If Nestle had been >found to be at fault, it would have resulted in a >diplomatic headache for our State Department. No >doubt it was pragmatism rather than legal precedence >that motivated a not guilty verdict.</font> > >>><font face=georgia color=maroon>I was merely using >>>slant drilling as an example of the things that a >>>driller is not permitted to do and in no way meant to >>>imply that this particular driller had engaged in an >>>illegal practice. To the best of my knowledge, none >of >>>the regulars who post to this forum (including >myself) >>>are qualified to dispense legal advice. In this >>>particular matter, however, I did consult with an >>>attorney who told me that this was "iffy" but it >would >>>probably go against the driller if a class action >>>civil suit ever went before a jury (they usually get >>>settled before that). >> >>I'm not an attorney. Last I heard was that "Hydrology >>is not an exact science" so fixing fault was pretty >>near impossible for the courts. >> >>I think that was what happened when Nestle opened a >>new bottled water plant a few years ago in Michigan? >>After sucking millions of gallons a day, the >>neighboring wells went dry. Could have been a drought >>that caused this, could have been a lot of things, so >>no fault found. >> >>Still, the timing of the drilling with all the >>neighboring wells going at dry at the same time, and >>at the time of drilling, certainly would help this >>case.

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