The Cross Section, Volume 16, Number 7, July 1970 Page: 1
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A Monthly Publication of the High Plains Underground Water Conservation District No. 1
Volume 16-No. 7
EASTLAND COURT
RULES FOR
WHITAKER
On June 26, 1970, the 11th Court
of Civil Appeals (the Eastland Court)
handed down their decision in the Sun
Oil Company (appellant) vs Earnest
Whitaker (appellee) case, finding for
Whitaker the Court concluded, "We
have considered all of the points pre-
sented by appellant and find them to
be without merit. The judgment is
affirmed".
This judgment affirmed the findings
of Judge M. C. Ledbetter (the 121st
Judicial District Court of Cochran
County), denying the petition of Sun
Oil Company seeking the free use of
water from a well drilled (over the
protests of Mr. Whitaker) by Sun on
Whitaker's land.
History of Case
This represents the fifth court deci-
sion in this case.
Sun Oil Company first filed suit for
an injunction in the District Court of
Hockley County (Judge Ledbetter
presiding), early in 1966, to prevent
Mr. Whitaker from interfering with
the drilling of a water well on his
property.
The Hockley County District Court
denied Sun's pleading. Sun then
appealed this decision to the 7th Court
of Civil Appeals (the Amarillo Court).
This Court further affirmed the lower
court's decision--Sun then appealed to
the Texas Supreme Court.
The Trial Court's decision in the
earlier appeal was affirmed by the
Texas Supreme Court, but in that
appeal the Texas Supreme Court did"THERE IS NO SUBSTITUTE FOR WATER"
July, 1970
Youth Committee Tours High Plains
District Joins Water, Inc.
The District's Board of Directors,
at its June 17th meeting, resolved to
have the District assume a Sustaining
Membership in Water, Inc.
The Manager, and the Members
that were serving on the District's
Board of Directors at the time Water,
Inc. was organized, also hold Charter
Memberships in Water, Inc.
BOSWELL RETIRES
-HOWARD BOSWELL
In March 1970, Governor Preston
Smith designated a 4-H Citizenship
Project group from Smith County to
act as "The Governor's Youth Com-
mittee on the Texas Water Plan". This
Youth Committee from Tyler, com-
posed of 12 high school and college
students, is conducting an informa-
tional study of the Texas Water Plan.
Specifically, they are studying water
in its relationship to East Texas and
to the West Texas Plains area.
Six of these students and the adult
advisors (see accompanying photo-
graph) toured parts of the Southern
High Plains of Texas for two days-
July 13th and 14th. Water, Inc..
arranged the itinerary for their High
Plains tour. The High Plains Under-
ground Water Conservation District
No. 1 assisted Water, Inc. in providing
transportation and guides - Messrs.
Seales and Sechrist toured with the
students. Mr. Homer Garrison, First
National Bank of Hereford, hosted the
group's luncheon in Hereford.
While in West Texas, the youths
were shown the use of groundwater
and its conservation, products pro-
duced and marketed thereby, as well
as being briefed as to the economic
benefits derived from groundwater.
To complete their study, the Com-
mittee is compiling their findings into
a brief report. The report will be
published and distributed to citizens
wishing to be appraised as to thisfl
group's findings regarding the Texas
Water Plan as it relates to East Texas,
the High Plains, and the people of
Texas.
On the afternoon of June 14th, the
group attended a question and answer
meeting in the offices of Water, Inc.
Attending this meeting were Bill Clay-
ton, Executive Director of Water, Inc.;
and Gerald Ivey, Duncan Ellison and
Tom Williams, all of Water, Inc. Al-
so in attendance was Frank Rayner
and Albert Sechrist, and Dr. Dan
Wells, Texas Tech University.Frank Rayner (far right) explains the
functions of the District to the Youth
Committee. Also shown is Dr. Wells
(middle) and Mr. Fugger.
Sponsors of the Youth Committee
include Reader's Digest Foundation,
D. K. Caldwell Foundation of Tyler,
Ed and Mary Heath Foundation of
Tyler, and Texas Power and Light
Company.I,
1
A.
4g 'Inot decide the question of whether or
not the parties to the oil and gas lease
involved in this suit intended that Sun
should have free use of water from the
Ogallala Formation for water flood,
pressure maintenance purposes. There-
fore, the Texas Supreme Court re-
turned the case to the Trial Court for
retrial on its merits-hence the recent
decision of the Eastland Court, as
outlined above.
Mr. George McCleskey, of Nelson,
McCleskey, Harriger & Brazill, a Lub-
bock law firm, represented Whitaker
in his appeal before the Eastland
Court.
The Eastland Court's decision rep-
resents a thorough analysis of the com-
plexities of the issues of this case; and,
because of the importance of this
decision, it has been reproduced in its
entirety on page four of this issue of
the Cross Section.At their regular monthly meeting,
on July 23rd, the Members of the
Texas Water Development Board
accepted Mr. Howard Boswell's notice
of intent to retire on October 1, 1970.
Mr. Boswell was appointed the Board's
Executive Director on February 1,
1968; after serving for six years as its
Executive Secretary, and later as its
Water Development Fund Manager.
Mr. Marvin Shurbet, Chairman of
the Board, appointed a committee
composed of three other members to
the Board, Messrs. Searcy Bracewell,
John H. McCoy and W. E. Tinsley, to
select a successor to Mr. Boswell.
Although Howard will be turning
over the reigns of Texas' water agency
to someone else, the District hopes
that he does not intend to completely
withdraw his much needed, quiet but
persuasive leadership from the water
community.The Governor's Youth Committee on the Texas Water Plan shown during their West
Texas Tour. Standing, left to right: Larry Osborne, Chairman; Donna Barron; Kathy
Borchers, Assistant Home Demonstration Agent; Jennifer Wilson; Paula Cobb;
David Payne; and Penny Rodgers. Seated is Edward Fugger, Smith County Associ-
ate County Agricultural Agent who is in charge of the Committee. Not shown is
Wilson Hale of Texas Power and Light who serves as adult advisor to the Com-
mittee.z A
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High Plains Underground Water Conservation District No. 1 (Tex.). The Cross Section, Volume 16, Number 7, July 1970, periodical, July 1970; Lubbock, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1532944/m1/1/?q=%22~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.