Essentially this previous restrictive clause in the deed from your father to the previous landowner (assuming that the deed divided the property between them) would be a restrictive covenant
that "runs with the land", rather than with the owner.
That means that you can still enforce that covenant (the restriction that says that no waste will be drained...) against subsequent purchasers. The deed from the prior seller to the new one would not have to reflect that covenant, since it runs with the land, rather than with the individual.
Now as for the attorney that drafted the deed or advised on any covenants, that would be between the new owner and the attorney (if the attorney committed malpractice, etc...). But you could still enforce that restrictive covenant against the new owner.
That being said, you need to contact an attorney in your area that deals real estate
/ restrictive covenant cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
While your rights are very likely preserved, they would still need to be asserted. And in that regard, you would need to inform the individual of his breach of these rights, as well as a demand that he cease and desist. An attorney could assist in that, as well as any injunctions that may need to be filed if the new owner refuses.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!