Fourth Court Affirms $14.9 Million Breach Award Against Surface Owner in Water Purchase Agreement Dispute Over Access Rights

The San Antonio Court of Appeals affirmed a $14.9 million breach of contract judgment against surface owners Dean Davenport and related entities in a dispute with EOG Resources over a 2022 water purchase agreement. The Davenports had sought to restrict all of EOG's access to a single gate under the agreement, while EOG contended the restriction applied only to water-related operations, with the trial court granting summary judgment in EOG's favor before proceeding to a jury trial on damages.