Herrmann v. Lindsey

OPINION

Opinion by

PAUL W. GREEN, Justice.

ON MOTION FOR REHEARING

The motion for rehearing is denied. However, the opinion and judgment issued February 19, 2003 are withdrawn and the following are substituted.

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In this case we decide the effect of an illegal reservation of water rights in a deed conveying land. Ronald J. Herrmann and his wife, Karen H. Herrmann (the Herr-manns), purchased a tract of land in Medina County, Texas, together with the rights to an application for an irrigation water pumping permit (the permit application) that was associated with the land. 1 Later, in two…