Texas Supreme Court

Imperial Irrigation Company v. Joe Jayne.

June 23, 1911104 Tex. 395

Summary

The Texas Supreme Court affirmed the district court's judgment, holding that the 1895 Irrigation Act implied a power for irrigation companies to acquire easements on public school lands for dam and reservoir sites, and that the Legislature has constitutional authority to grant such easements despite the school‑fund provisions. The Court reversed the Court of Civil Appeals and upheld the easement granted to the Imperial Irrigation Company, while noting a dissent that the school‑fund lands cannot be diverted.