Baker, Fleming & Hubert v. Brown

Citations

• 55 Tex. 377
• 1881 Tex. LEXIS 129

Syllabus

<p>1. Irrigation.— The right to use water for purposes of irrigation, when its use is not indispensable, but is resorted to for the purpose of increasing the products of the soil, must be subordinate to the right of a co-proprietor to supply his natural wants and those of his family, tenants and stock, by using the water for necessary and domestic purposes.</p> <p>2. Limitations — Riparian rights.— The rights of a riparian proprietor to the use of the water may be restricted or lost by grant, or by prescription, under such adverse, continuous, uninterrupted user and occupation by another, as would, by analogy to the statute of limitations, bar the right of entry upon lands. Ten years’ user and occupation would in Texas be the period of prescription.</p>