Thayer has argued — and still believes — the city's release only pointed to Well 1, not the entire aquifer, which supplies water to other city wells.

"The problem is, nobody ever drafts anything perfectly," Thayer said. "Contract interpretation is a huge part of civil law in this country. I would have drafted it a bit differently."

However, attorneys for Ensign-Bickford continue to point out multiple references in the agreement to the aquifer, as well as the necessary connection between the two elements — a point Schofield also brought out in his ruling.

"A well is more than a section of pipe with a pump," Schofield wrote. "It includes the water that is pumped. In fact, it must include the water that is pumped because, in reality, a well without water is not a well at all."

---

E-mail: sisraelsen@desnews.com