Fact Pattern For many years, Donald worked as a farmhand in northern California. It was extremely difficult work, but it enabled Donald to save enough money so that he could achieve his dream of buying his own land one day. Donald achieved this goal when he reached the age of 40. While visiting a friend in Oregon, Donald was driving through a rural area when he came-across a ten-acre plot of land with lots of fertile soil. Donald instantly fell in love with this land, and he was delighted to learn that the land was for sale. Unfortunately, Donald's friend advised him against buying the land. Evidently, there was a lack of water in the county where the land was located. The county would regularly shut-off the water supply for several hours per day in order to prevent a water shortage. There were also strict limits on the amount of water one could use, thus making commercial farming impossible. Naturally, Donald was disappointed when he heard this, but a local real estate lawyer informed Donald that there were no limitations on use of bottled water, or any water that was shipped into the county in a tank. The county's water restrictions only applied to water that came from county reservoirs and lakes, but people were free to use as much water as they wanted if it was brought into the county by motor vehicle. Donald was still a bit hesitant to move forward with purchasing this land, but that all changed on his drive back home. About 10 miles away from the highway, Donald drove passed a small out- of-the-way lake. This lake was a 20-minute drive from the land Donald wanted to buy, and it was located just over the county line where there were no water restrictions. After reviewing the land records kept at the county deed registry office, it was determined that the lake was partially located on public land, and approximately 65% of the lake was located on privately-owned land. There were no structures anywhere near the lake, and the land around the lake was not developed in any way. However, there was a small dirt road running through the public land that allowed a car to access to the lake. Donald realized he could use this small lake as a water source. Of course, this would require Donald driving to and from the lake each day to fill up some tanks with water, but farmers had been known to do this type of stuff, especially in dry climates. Thus, Donald used his savings to purchase the land, and he planted a small vineyard on it. It took about two years, but Donald was able to turn this plot of land in Oregon into a thriving small business. Donald did most of the work himself, but he was able to produce high quality grapes that he sold to local wine producers. However, the water shortages in the county were never solved, thus it was necessary for Donald to drive nearly every day to and from the small lake in order to supply his vineyard with water. Donald did this for the next 30 years. Finally, at age 73, Donald decided to retire and sell his vineyard. Due to the quality of grapes that Donald was able to produce, Donald easily found a buyer for the vineyard, despite the local water restrictions. Henry became the new owner of the vineyard, and he continued to drive each day to the small lake to fill-up tanks with water. As with Donald before him, Henry continued to produce high-quality grapes, and the vineyard continued to be a successful business. One year after Henry bought the vineyard, Henry learned that a real estate developer had bought the privately-owned land adjacent to the small lake five years earlier. This developer intends to build a 45-unit condo complex on this land within the next five years. Each of the condo units will have its own swimming pool, and the developer intends to landscape all the common space in the development. These plans will require water, and the developer is in the process of ordering pipes to draw water out of the small lake. Henry is concerned that if this developer begins drawing water out of this lake, there will not be enough water leftover for Henry's vineyard. When Henry contacted the developer to discuss the matter, the developer dismissed Henry outright. Since Henry owned land 20 minutes away from the lake in a different county, the developer was not going to negotiate with Henry. As a result, Henry filed a lawsuit against the developer seeking an injunction to prevent the developer from drawing water out of the lake. Question Will Henry's lawsuit be successful?