In Bily v. Omni Equities, Inc., 731 S.W.2d 606 (Tex. App.--Houston 14th Dist. 1987, writ ref'd n.r.e.), Bily sued for injunctive relief and damages, alleging that Omni impounded the natural flow of surface waters from his property. The trial court entered judgment for recovery of actual damages, but disallowed recovery of punitive damages. On appeal, the court noted that Bily's action against Omni was based on Section 11.086 of the Texas Water Code and was not dependent on any finding that Omni was negligent. Id. at 611. The jury specifically found each element of the statutory cause of action for violation of Section 11.086. Moreover, the jury determined that Omni's conduct in impounding the flow of surface waters was intentional and unreasonable and that Omni acted with "heedless and reckless" disregard in failing to make any provision for drainage of Bily's property. "Heedless and reckless" disregard was defined: "More than momentary thoughtlessness, inadvertence, or error of judgment. It means such an entire want of care as to indicate that the act or omission in question was the result of conscious indifference to the rights, welfare, or safety of the persons affected by it." Id. at 613. In Bily v. Omni Equities, Inc., it was undisputed that Bily informed Omni and its owners, the Smiths, that their construction had blocked drainage from his property. Id. at 614. Further, Bily's attorney provided Omni with a copy of section 11.086 of the Texas Water Code. Id. W.T. Smith, the majority shareholder of Omni who oversaw its operations, admitted that he made no effort to correct the problem other than to file criminal complaints against Bily after the temporary injunction had been granted. See id. The court of appeals held that this was "some evidence, and factually sufficient evidence," to support a finding that Omni and the Smiths acted with conscious indifference to Bily's rights. See id.