Texas Supreme Court

Charles C. Motl v. R. W. Boyd

June 26, 1926116 Tex. 82

Summary

The Texas Supreme Court held that Spring Creek is a navigable stream, that Texas riparian rights are limited to the ordinary flow of a stream and do not extend to flood waters, that the statutory permit scheme for water appropriation is valid, and that the defendants are estopped from asserting riparian rights because the plaintiffs obtained consent and a license to use the water; consequently the Court reversed the Court of Civil Appeals and affirmed the district court’s injunction.