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VALMONT PLANTATIONS v. STATE

No. A-8465.

355 S.W.2d 502 (1962)

VALMONT PLANTATIONS et al., Petitioners, v. The STATE of Texas et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 11, 1962.

Attorney(s) appearing for the Case

A. J. Vale, Pope & Pope, F. Randall Nye, Rio Grande City, L. Hamilton Lowe, Austin, for Valmont Plantation et al.

Ransome & Ray, Brownsville, Cunningham, Yznaga & Duncan, Brownsville, for R. F. Breeden et al.

Strickland, Wilkins, Hall & Mills, Mission, for W. L. Pickens, Trustee et al.

Strickland, Wilkins, Hall & Mills, Mission, for Everett Bell et al.

Will Wilson, Atty. Gen., Austin, Assistant, Houghton Brownlee, Jr., Wayland Rivers, Spec. Asst., Kent, Brown & George, Harlingen, A. G. Haigh, Edinburg, Gibbon, Klein & Ferrero, Harlingen, Truett Hubbard, Donna, J. D. Vollmer, Mercedes, Smith, McIlheran & Jenkines, Weslaco, Kelley, Looney, McLean & Littleton, Edinburg, Vinson, Elkins, Weems & Searls, Houston, Sawnie B. Smith, Edinburg, Robertson, Jackson, Payne, Lancaster & Walker, Dallas, Hill & Kin, Mission, for State of Texas et al.

E. H. Moore, LaFeria, for other respondents.

HAMILTON, Justice.

This is a suit between appropriators and riparians. It is a class action to determine whether, in the absence of specific grants of irrigation waters, Spanish and Mexican grants along the Rio Grande River have appurtenant riparian irrigation rights.

The State and numerous water districts assert rights of the appropriators, and the owners of lands out of the original grants assert rights similar to those commonly called riparian rights.<...

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