KRM, INC. v. Caviness

OPINION

BOSSON, Judge.

1. KRM sues the Cavinesses (Caviness) for declaratory judgment. Each of these two parties claims ownership of valuable rights to underground water for commercial use, and each claims to have purchased the same rights from the identical original owner, Williams. The district court determined that the water rights were appurtenant to the land which Caviness bought from Williams, and therefore held that the rights had passed to Caviness by operation of law. KRM disagrees, having subsequently purchased the water rights independent of the land from Williams’ estate. We agree…