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Sipriano v. Great Spring Waters of America, Inc.
Supreme Court of Texas
1 S.W.3d 75 (Tex. Sup. Ct. 1999)
In 1996, Great Spring Waters of America, Inc. (Spring Waters) (defendant) began pumping 90,000 gallons of groundwater per day, severely depleting Sipriano’s (plaintiff) wells. Sipriano sued to enjoin Spring Waters from taking so much water and to recover damages for nuisance and negligence. The trial court and appellate court both relied on the rule of capture to hold that Spring Waters was entitled to take as much water as it wanted. Sipriano appealed.
Rule of Law
Holding and Reasoning (Enoch, J.)
Concurrence (Hecht, J.)
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