Sun Oil Company v. Whitaker

I respectfully dissent. I adhere to that portion of the majority opinion which restates the general rule that, unless otherwise provided by contractual provisions, an oil and gas lessee has an implied right or easement to make such use of underground water as may be reasonably necessary for ordinary and customary primary drilling and producing operations. However, I completely disagree with the majority’s extension of this “implied easement” doctrine so as to permit Sun also to take, consume and deplete an enormously greater quantity of water for a vastly different repressur-ing and secondary…