Introduction Jason Michael Horst sought an easement under the Water Sustainability Act over the Purcells' property. The properties in dispute were adjoining rural lands in the east Kootenays, with issues stemming from shared access routes and a joint water system.

Legal Arguments/Issues

• Driveway/Access Road Claims: Horst argued that the Purcells' driveway was a public road or highway and sought an equitable easement based on proprietary estoppel. The court dismissed these claims, finding insufficient evidence of public use or an intention to dedicate the road to public use.

• Water System Claims: Disputes included the ownership and maintenance of an underground water pipeline system sourced from Maguire Creek. Horst claimed exclusive rights under his water license, while the Purcells argued for shared maintenance responsibilities.

• Trespass and Harassment: Both parties accused each other of harassment and trespass. The Purcells sought a permanent injunction to prevent Horst and his associates from accessing their property and interfering with the water system.

Court Decision The court found in favor of the Purcells regarding the access road, determining it was not a public highway and Horst had no equitable easement. The court also ruled in favor of the Purcells on the water system claims, concluding the system required joint maintenance. An injunction was granted to the Purcells, restricting Horst's access to the water system except in emergencies.

Costs/Award The court awarded costs to the Purcells, but the document did not specify the total amount of the costs or any monetary award.