Talley v. Carley

BARNES, Justice:

Bitter Creek, a tributary of Salt Fork of the Red River, runs through land owned by Appellees, Elton C. Talley, Olevia Talley Robertson, Alan H. Talley, Lee Roy Neher and John Neher, and land owned by Appel lants, Otto Carley and Gaynelle Carley, husband and wife.

Appellants’ land is upstream approximately one mile north of the land owned by Appellees. Appellants and Appellees both assert beneficial use of water from Bitter Creek prior to 1963.

It is conceded that the records of the Water Resources Board contained records of the following applications and reports from Appellant,…