Denis v. Kickapoo Land Co.

SHANNON, Chief Justice.

Appellants, A.H. Denis, III, and others, sought a declaration from the district court of Concho County that appellee, John R. Matthews, Jr., had no authority to appropriate waters from Kickapoo Springs for irrigation purposes without permission from the State. After hearing, the district court rendered summary judgment that appellants take nothing. This Court will affirm the judgment.

Kickapoo Springs is situated on the Matthews ranch. Although the Springs are not the headwaters of Kickapoo Creek, the Springs are the principal source of water for the Creek. After passing…