Cactus Water Services, LLC v. COG Operating, LLC

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS CACTUS WATER SERVICES, LLC, § No. 08-22-00037-CV Appellant, § Appeal from the v. § 143rd District Court COG OPERATING, LLC, § of Reeves County, Texas Appellee. § Cause No. 20-03-23456-CVR DISSENTING OPINION Water—unsevered by express conveyance or reservation—has long been held a part of the surface estate. Robinson v. Robbins Petroleum Corp.,

501 S.W.2d 865, 867

(Tex. 1973) (“[T]he water itself is an incident of surface ownership in the absence of specific conveyancing language to the contrary.”). But it is also long recognized that the…