In the late 1800s, the town of Tombstone acquired rights to spring water from distant public lands. But a massive fire last year, followed by record rains, led to rock and mudslides that damaged the water lines that carried the spring water to Tombstone. The town wants to repair its water lines, but the federal government refused to allow Tombstone to use the necessary machinery. With these restrictions, Tombstone has been able to repair access to only 2 out of its 25 springs.
The Goldwater Institute took Tombstone's problem into federal court, but a trial judge sided with the federal agency. The town sought emergency relief from the U.S. Supreme Court, but that was denied. Tombstone's lawyers informed the Court that since March 1, 2012, the federal government has insisted that Tombstone use only hand tools to repair its water system, and cannot use the necessary heavy machinery such as earth-moving equipment.
Can the town that survived the gunfight at the OK Corral survive the senseless environmentalism imposed by federal bureaucrats? This case may find its way to the full Supreme Court, if the town doesn't disappear first.
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