When interpreting an owner's right to act with regard to his or her property under the Water Code, as opposed to a district's authority to annex territory, Texas courts have held that mineral estate owners must be treated as separate owners with rights separate from those of the surface estate owner. See Nueces County Water Control Improvement Dist. No. 4 v. Wilson, 304 S.W.2d 281, 285-86 (Tex.Civ.App. — El Paso 1957, writ ref'd n.r.e.) (owners of severed mineral estates may petition for exclusion from a water control and improvement district without regard to the surface estate); City of Corpus Christi v. Cartwright, 288 S.W.2d 836, 837-38 (Tex.Civ.App. — San Antonio 1956, writ ref'd) (owners of severed mineral estates must be counted separately from owners of surface estates in determining whether a majority of landowners petitioned to create a water improvement district). We must determine whether, in enacting Section 51.714, Section 52.521 and S.B. 1634, the Legislature intended for the owners of severed estates in land to have the ability to choose whether to remain in Santa Rita, or to opt into Glasscock.
See also State ex rel. Richardson v. Larkin, 41 Tex. Civ. App. 253, 90 S.W. 912, 916, (Writ Ref.); Wolf v. Young, Tex.Civ.App., 277 S.W.2d 744, (Ref. N.R.E.); City of Corpus Christi v. Cartwright, Tex.Civ.App., 288 S.W.2d 836, 838 and 29 C.J.S. Elections Secs. 69, 82, pp. 92, 106. The County Judge had the power to revoke his order calling the incorporation election before the election was held.