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CITY OF DEL RIO v. CLAYTON SAM COLT

No. 04-06-00782-CV.

269 S.W.3d 613 (2008)

CITY OF DEL RIO, Appellant, v. CLAYTON SAM COLT HAMILTON TRUST, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 19, 2008.

Attorney(s) appearing for the Case

Max Renea Hicks, Law Office of Max Renea Hicks, Austin, appellant.

Michael C. Boyle, William T. Armstrong, III, Langley & Banack, Inc., Frank Stenger-Castro, Phil Steven Kosub, San Antonio, Sydney W. Falk, Jr., Douglas G. Caroom, Bickerstaff Heath Delgado Acosta LDLP, Austin, for appellee.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by KAREN ANGELINI, Justice.

At issue in this appeal is whether the warranty deed's reservation of "all water rights" prevents the City of Del Rio from drilling and pumping groundwater from beneath the fifteen-acre tract it purchased from the Clayton Sam Colt Hamilton Trust. Because we hold that the reservation does prevent the City of Del Rio from drilling and pumping groundwater from beneath its tract, we affirm the judgment of the trial...

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