May v. Torres

OPINION

OMAN, Justice.

Plaintiff brought suit against defendant in the district court seeking (1) a determination of the respective rights of the parties to the flow of water in China Draw, (2) an injunction commanding defendant to refrain from diverting more than his share of water from the draw, and (3) damages for losses allegedly sustained by plaintiff as a result of defendant’s claimed unlawful diversion of waters from the draw.

The parties own or control adjoining ranch properties. Plaintiff alleged and defendant admitted:

That the waters of China Draw “drained through a portion of…