Tarrant County Water Control & Improvement Dist. No. 1 v. Fowler

LOONEY, Justice.

The suit grew out of the following facts: Prior to October, 1932, appellee, F. M. Fowler, became the holder of the record title to 184 acres of land situated in Tarrant County, Texas. This land lies on both banks of Ash Creek, which flows from the west into the West Fork of the Trinity River. The title to the land, save that land embraced within the banks of Ash Creek — about four acres — was not in controversy.

On October 28, 1932, appellant, Tarrant County Water Control and Improvement District No. 1, had substantially completed a dam across the West Fork of the Trinity…