In Hooper v. M M Cattle Co., 278 S.W.2d 170, 172 (Tex. Civ. App.--Amarillo 1955, writ ref'd n.r.e.), suit was brought for the death of a nine year old who drowned in a pool of surface water impounded by Borger Properties, Inc., when the latter, while building a housing project, obstructed natural drainage. Hooper, 278 S.W.2d at 171. Borger Properties filled in part of a canyon or ravine on its own land up to its property line with the defendant, M M Cattle Company, creating a relative depression on M M Cattle Company's land, which collected rainfall and drainage water in which the nine year old drowned. Id. The court, holding in favor of M M Cattle Company, opined that it was not shown there was ever a hole where the child drowned until the sic Borger Properties, Inc., filled in where the natural drainage of the flood waters escaped. None of the defendants did anything to create the pool. The hole or pond was created by a dam built by Borger Properties, Inc., on its land and the dam was maintained by it on its own property. If the defendants could be held liable in the present case, they would also be held liable if the fill or dam had been placed a mile down the draw and the water caused to back up on the defendant's property.Id. at 172.