Legal Opinion

City of Del Rio v. Clayton Sam Colt Hamilton Trust

Texas Court of Appeals, 4th District (San Antonio)

Decided August 19, 2008No. 04-06-00782-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

KAREN ANGELINI, Justice.

At issue in this appeal is whether the warranty deed’s reservation of “all water rights” prevents the City of Del Rio from drilling and pumping groundwater from beneath the fifteen-acre tract it purchased from the Clayton Sam Colt Hamilton Trust. Because we hold that the reservation does prevent the City of Del Rio from drilling and pumping groundwater from beneath its tract, we affirm the judgment of the trial court.

Background

The relevant facts have been stipulated to by both parties. The Clayton Sam Colt Hamilton Trust (“the Trust”) owns a 3,200-acre…

2Cases cited11 opinions

  1. Luckel v. WhiteTexas Supreme Court · 1992
  2. Altman v. BlakeTexas Supreme Court · 1986
  3. City of Sherman v. Public Utility Com'n of TexasTexas Supreme Court · 1983
  4. The Texas Co. v. BurkettTexas Supreme Court · 1927
  5. Houston & Texas Central Railroad v. EastTexas Supreme Court · 1904

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3Cited by7 opinions

  1. Edwards Aquifer Authority v. Day, Texas Court of Appeals, 4th District (San Antonio)2008
  2. Don B. Meador; Karen S. Meador; Kimberly Dawn Place, Trustee of the BK Edwards Water Trust; And Maxwell Special Utility District v. Guadalupe-Blanco River Trust, a Texas Non-Profit Organization, Texas Court of Appeals, 7th District (Amarillo)2025
  3. Edwards Aquifer Authority, (APPELLANT/CROSS-APPELLEE) v. Burrell Day and Joel McDaniel, (APPELLEES/CROSS-APPELLANTS) State of Texas, (APPELLEE ONLY), Texas Court of Appeals, 4th District (San Antonio)2008
  4. Richard D. Crawford v. XTO Energy, Inc., Texas Court of Appeals, 2nd District (Fort Worth)2019
  5. Tommie S. Dodd, Linda Lou Crosland, and Carley H. Dodd v. James L. Wiatrek, and Wife Elaine R. Wiatrek, and Garret J. Wiatrek, Texas Court of Appeals, 4th District (San Antonio)2012

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