Stubbs v. Ercanbrack

CROCKETT, Justice.

Plaintiffs Stubbs and Lake Bottom Irrigation Company complain that the installation of a drainage and pumping system by defendant Ercanbrack on his land deprives them of waters to which they had established prior rights. Plaintiffs sought restitution of water, damages and an injunction.

The trial court confirmed the right of defendant to maintain the drainage system on his land and tó use the water collected therefrom except it required him to allow plaintiff Stubbs a flow of three gallons per minute; awarded Stubbs damages of $314 for deprivation of that amount of water; and…