Sun Oil Company v. Whitaker

ON REHEARING

McGEE, Justice.

Our judgment of October 27, 1971 is set aside and our prior opinion is withdrawn and the following is substituted therefor.

This case was before us at an earlier time in an appeal from a judgment denying a temporary injunction. 424 S.W.2d 216. We affirmed the courts below. Our decision in the temporary injunction appeal turned on the fact that issue had been joined by the parties on a contention by the Whitakers and an intervenor, High Plains Underwater Conservation District No. 1, that Sun’s proposed use of water for waterflood purposes constituted statutory waste,…