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STATE v. VALMONT PLANTATIONS

No. 13583.

346 S.W.2d 853 (1961)

STATE of Texas et al., Appellants, v. VALMONT PLANTATIONS et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

March 29, 1961.

Attorney(s) appearing for the Case

A. J. Vale, Pope & Pope, F. R. Nye, Rio Grande City, L. Hamilton Lowe, Austin, for Valmont Plantations and others.

Will Wilson, Atty. Gen., James Ludlum, First Asst. Atty. Gen., Wayland Rivers, Sp. Asst. Atty. Gen., Edward A. Cazares, Houghton Brownlee, Jr., Charles D. Cabiniss, Asst. Attys. Gen., A. G. Haigh, Edinburg, Arthur A. Klein, Harlingen, Wm. M. Jenkines, Jr., Weslaco, J. D. Vollmer, Mercedes, Kent, Brown & George, Harlingen, Smith, McIlheran & Jenkines, Weslaco, Truett Hubbard, Donna, Kelley, Looney, McLean & Littleton, Edinburg, Vinson, Elkins, Weems & Searls, Houston, James W. Wilson, Washington, D. C., Sawnie B. Smith, Edinburg, A. W. Walker, Jr., Dallas, Hill, King, McKeithan & Reynolds, Mission, Victor W. Bouldin, Houston, for the State and others.

Strickland, Wilkins, Hall & Mills, Mission, for G. M. Pursell and others.

Cunningham & Yznaga, Brownsville, for R. F. Breeden and others.

Ransome & Ray, Brownsville, for Edward Roos and others.

POPE, Justice.

This is a class action to determine whether, in the absence of specific grants of irrigation waters, Spanish and Mexican land grants along the Lower Rio Grande have appurtenant riparian irrigation rights. Broadly stated, it is a suit between appropriators and riparians. The State and numerous water districts assert their rights in the former category; owners of lands out of the original grants assert rights similar to those commonly called riparian...

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