In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter Barrenacres for only the stated purposes. The Water District promptly and properly recorded the deed. In 1931, the Water District installed a water main which crossed Barrenacres within the described strip; the Water District has not since entered Barrenacres. In 1935, Owens sold Barrenacres to Peterson, but the deed, which was promptly and properly recorded, failed to refer to the Water District easement. Peterson built his home on Barrenacres in 1935, and since that time he has planted and maintained, at great expense in money, time, and effort, a formal garden area which covers, among other areas, the surface of the 20-foot easement strip. In 1976, the Water District proposed to excavate the entire length of its main in order to inspect, repair, and replace the main, to the extent necessary. At a public meeting, at which Peterson was present, the Water District announced its plans and declared its intent to do as little damage as possible to any property involved. Peterson objected to the Water District plans."Assume that Peterson reserved his rights and after the Water District completed its work sued for the $5,000 in damages he suffered by reason of the Water District entry. Peterson's attempt to secure damages probably will
succeed, because his deed from Owens did not mention the easement.  succeed, because of an implied obligation imposed on the Water District to restore the surface to its condition prior to entry.  fail, because of the public interest in maintaining a continuous water supply.  fail, because the Water District acted within its rights