City of Enid v. Crow

JACKSON, Justice.

This is an action for damages. It stems from the taking or withdrawal of percolating underground waters for sale off the premises, resulting in alleged reduction of water supply and permanent damages to plaintiffs’ adjacent property.

The parties will be referred to as they appeared in the trial court.

Plaintiffs, Frank W. Crow and Frances M. Crow, own and occupy as their homestead a 160 acre farm in Major county. By virtue of a lease agreement defendant, The City of Enid, acquired subterranean water rights on an adjoining farm, on which it drilled a water well in February of…