Seitel Data, Ltd. v. Ralph Simmons, as Trustee of Ralph Simmons and Laura Angela Simmons Family Living Trust

OPINION

Opinion by

Justice MOSELEY.

Seitel Data, Ltd., entered into a contract with the Ralph Simmons and Laura Angela Simmons Family Living Trust (Simmons) wherein Seitel would enter upon the Simmons property in Shelby County, Texas, to conduct seismic testing.1 Simmons conducted a chicken growing operation on the premises, an activity which requires a substantial amount of water in order to keep the chicken houses cool. To supply the water for this activity, Simmons had two productive water wells and (as additional protection against failure) a backup connection with a city water line. Shortly *785…