Disconnecting an unauthorized water user

Our nonprofit organization owns, a ten mile long water pipeline. This pipeline serves the members of our Cooperative. We have a problem with individuals, illegally tapping into this pipeline, and using our water. We discovered an unauthorized tap.
1. We asked for, and received, a police escort while disconnecting the unauthorized tap.
2. We rented a tractor to move a pile of gravel in order to gain access to this tap.
The gravel was piled on the road's right of way, next to a chain link fence, which surrounded the property where our water was being used.
3. After several hours of work, the disconnection was finished.
4. A week later, one of our members noticed a large wet area on the ground, about 40 feet south, of the above mentioned disconnection. Our pipeline had been damaged and was leaking.
5. While two members were fixing the leak, the man who ownes the property, where our water was being illegally used, approached.
He was screaming, cursing and threatening. He was extremely upset about "his" gravel pile having been moved.
6. Once he calmed down, one of the members was able to talk to him and the Cooperative agreed to replace the pile of gravel.
7. Within two days, the gravel was ordered, our check was written, and delivery was scheduled.
8. The gentleman was contacted and was asked where he wanted the gravel dumped.
9. He said he did not want the gravel.
10. He wanted a check for $777.56, because that is what he claimed to have paid.
11. Our replacement cost would have been under $400.00.
12. The gentleman owns a gravel and rock business, but doesn't know that we know that.
13. Needless to say, we canceled the order, voided our check and withdrew our offer.
14. We received a demand letter for $777.56 from the gentleman's attorney.

What should we do and should we respond?

Get your organization's attorney to respoond to his attorney. If it were me I consider saying that the tapping into the water line was illegal both cililly and criminally, that he stole water from you and while you were prepared to let the matter drop, if he sues you would welcome the suit as it would give you an opportunity to counterclaim for actual and punitive damages for theft and conversion. My guess if his lawyer would tell the crook to back off.

Thanks so much for your reply Tyrone. We are a small organization, 26 members, with limited funds. We would like to try and handle this on our own. What do you think? GC

I don't know where this is water theft is happenening at, but here in Utah's deserts water is more precious than gold. I say take the man to small claims court. He would most likely be held accountable for theft of services and fraud.

The water theft is happening in Nevada, twenty miles fro Las Vegas.

The water theft is happening in Nevada, twenty miles fro Las Vegas.

A letter from a lawyer is usually inexpensive -- and it will cost far less than paying the thief what he is asking, and should also put an end to the matter. To file a criminal theft charge against him just exposes you to a malicious prosection claim. You could also call the guy's lawyer and say something, but I'd ask a lawyer friend for a favor if I were you.