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LEWIS COX & SON, INC. v. HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT NO. 1

No. 8687.

538 S.W.2d 659 (1976)

LEWIS COX & SON, INC., Appellant, v. HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied July 19, 1976.

Attorney(s) appearing for the Case

Day, Owen, Lyle & Voss, Paul Lyle, Plainview, for appellant.

Nelson, McCleskey, Harriger & Brazill, Don Graf and Mack Ed Swindle, Lubbock, for appellee.

REYNOLDS, Justice.

The question presented is whether the enforcement of an underground water conservation district's order to close or re-equip an irrigation well so as not to be in violation of regulations is subject to the defenses of limitation, laches and estoppel. We hold that the enforcement of the order is immune from the defenses and affirm the trial court's summary judgment, the right to which was resisted only by the imposition of these defenses.

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