American Canal Co. of Texas v. Dow Chemical Co.

Motions for Rehearing

COLEMAN, Justice.

This is an appeal from a judgment denying the pleas of privilege of the American Canal Company of Texas and the Texas Water Commission, to be sued in the District Court of Travis County, Texas.

The American Canal Company of Texas is the owner of Permit No. 1040 authorizing it to appropriate 99,932 acre feet of Brazos River water per annum for irrigation, manufacturing and municipal purposes. This permit, issued in 1927, authorized the diversion of the water for irrigation uses. In 1936 the permit was amended so as to authorize the use of the water or any…