Abstract

The Bayou Land Company held a deed of trust encumbering the land owned by some parties to this suit. Bayou foreclosed on the property and sought a determination of whether the nontributary groundwater under the land was included in the foreclosure. After trial, the court found that the nontributary groundwater rights were not encumbered by the deed of trust and thus were not subject to foreclosure. On appeal, the court said the right to nontributary groundwater by owners of the overlying land may be transferred or encumbered before a water decree is issued.

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