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Click here for the full text of this decision FACTS:Citation 1987 Investment Limited Partnership operated an oil and gas leasehold estate called the North Pioneer Unit in Eastland County. In 2000, Citation transferred 653 acres of the surface unit�s surface estate to Edward L. White. Citation and White executed a special warranty deed that reserved and excepted from the transfer title to the freshwater gathering system and to the underground water rights. Citation agreed to furnish fresh water to the house on White�s property so that White could provide water for his livestock. Also in 2000, Citation transferred its mineral estate interest to Trek Resources Inc. Trek had notice of Citation�s special warranty deed to White. On Dec. 18, 2003, White sold his surface estate to Kenneth Lee Montfort. On Jan. 5, 2004, Trek filed for a temporary restraining order, a temporary injunction and a permanent injunction against Montfort for interfering with Trek�s leasehold operations. Trek claimed Montfort locked Trek pumpers and service companies out of the property. The trial court entered a temporary restraining order, then Montfort filed a declaratory judgment action and sought injunctive relief as well. On Oct. 15, the trial court entered a permanent injunction and declaratory judgment for Trek, but denied its request for attorneys� fees. The permanent injunction enjoined Montfort from doing 10 specific things, including interfering with Trek�s agents, operating or attempting to operate Trek equipment, making frivolous complaints to the Texas Railroad Commission and staying away from Trek�s subsurface water wells. The declaratory judgment included seven parts, including: 1. that Trek had no obligation to furnish Montfort with fresh water to his house and livestock; 2. that Trek is the owner and holder of the fee title

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