Legal Opinion

Knight v. Oldham

Court of Appeals of Texas

Decided March 6, 1919No. 893PublishedCited by 8 opinions

Appeal from District Court, Pecos County; Jas. Cornell, Judge. Application by Joseph G. Knight and others to the State Board of Water Engineers, opposed by James W. Oldham and others. From the decision of the board, Oldham and others appealed to the district court, which tried the case de novo, and from decree that the board was without authority to act, and dismissing the cause, applicants appeal.

1Opinion of the CourtHarper, C. J.

This action originated in an application by J. G. Knight and 60 others, who are owners of and are farming certain irrigated lands, to the state board of water engineers, in which they prayed that said board determine the amount of water controlled by appellees, the amount necessary for a proper irrigation of their lands, and that a proper rate or charge for delivery be determined and declared for water used and to be used by them, as provided by the law creating said board.

For answer the defendants interposed the following defenses, in addition to some others not pertinent here: (a) That the…

2Cases cited2 opinions

  1. Ladd v. Southern Cotton Press & Manufacturing Co.Texas Supreme Court · 1880
  2. Toyah Valley Irr. Co. v. WinstonCourt of Appeals of Texas · 1915

3Cited by8 opinions

  1. Texas Water Commission v. Brushy Creek Municipal Utility DistrictTexas Supreme Court · 1996
  2. Kohler v. United Irr. Co.Court of Appeals of Texas · 1920
  3. Texas Water Commission v. Boyt Realty Co.Court of Appeals of Texas · 1993
  4. Texas Water Rights Commission v. City of DallasCourt of Appeals of Texas · 1979
  5. Fairbanks v. Hidalgo County Water Improvement Dist. No. 2Court of Appeals of Texas · 1923

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