Lounging as comfortably as possible at camp, the men are making conversation, possibly discussing today’s and yesterday’s trek through those torturous sand dunes, never imagining that those dunes will become pleasurable recreation to another generation.

Heulon King, the tail chainman, tired of beans and the canned meat, looks towards the windmill about a half mile away and says, “I’d like to knock the horns off of that heifer and have a nice rare steak.” In reply Logan Hall, the head chainman says “I can’t wait till the river, you’re starting to smell.” Lots of chuckles are heard around camp and even one from the surveyor, Robert. Gaining composure, Robert E. Estes says, “Settle down we’re over half done now and we can all get cleaned up when we reach the Pecos the day after tomorrow.”

As camp quiets down for the night, the close of September 18, 1909, gives way to the natural sounds of the crickets, occasional howls of the coyote population and the most dreaded buzz of the mosquitoes.

The men are awakened by the crackling of fresh wood rejuvenating the camp fire. While the men start their morning ritual, the cook begins preparing breakfast. On their minds the most, COFFEE, to knock the early morning chill off.

Robert takes the transit out of its carrying box and places it on the mahogany tripod; he carefully levels it over the last point from the day before. The note keeper with time piece in hand, patiently waits while the experienced surveyor studies the movement of the North Star. Both know that the star is not actually moving, but that the earth has a slight wobble on its axis.

“Mark,” says Robert, and the note keeper checks the time piece for the precise hour and minute and records it in the book. After a few repetitions they return to the wagon and Robert begins to make a few wrought calculations. Noting that the area possibly has some attraction to the needle he makes note and adjustment to the instrument of one arc minute.

Robert checks the note he prepared the evening before that states, on the front side of his stationary envelope, “34th mile - - - the Ward Co. line – from - - the N.E. Cor. (signed) Robt E Estes Surveyor, September 18, 1909,” and on the reverse side “Logan Hall, Huelon King } Chainers.” He rolls it wrapped tightly with another of his envelopes, marks “34” on the outside with his pencil, and places it down the narrow neck of the empty beer bottle. He sets it neck first into the ground, burying the bottle with dirt and a rock mound. Meanwhile, the crew has gathered to take their relative stations.

Logan takes the front end of the chain, a tape made of Invar steel, and starts out toward the natural object on the horizon picked out by the instrument man. As Heulon lets the tape out, taking great care at a rapid pace not to let it kink or snag on the surrounding brush, he yells very loudly “CHAIN,” letting the head chainman know it’s time to slow and take station.

He quickly notes the line signal from the instrument man, snaps the chain to attention, and pulls the proper tension while the tail chainman stands firm with the end over mile post 34. Logan then yells “ONE.” The survey party is on their way.

THE BACK STORY

Our story actually has its roots in the regular session of the Sixteenth Legislature of the State of Texas, convened in Austin on January 14, 1879, and adjourned on April 24, 1879. Chapter CXXIX is “an act establishing and prescribing the manner of ascertaining the boundaries of counties.”

While this act has been adjusted through time due to greater understanding, it has maintained that a county that is not ‘sufficiently definite and well defined” shall have its boundaries surveyed. Instructions are defined as to materials to be used, the surveyor’s field note description and how the involved counties shall make appointments.

Eight years later, in 1887, the regular session of the Twentieth Legislature created six new counties out of Tom Green County, Texas. This was House Bill No. 113, or Chapter 12, “an act to divide the Western portion of Tom Green County into six new counties.” The first county listed in the order of surveying was the county of Ector. It was first due to its connection with the previously created county of Midland and because Midland County had already been surveyed on the ground. Next was the county of Winkler, then the county of Loving. The Northeast corner of Winkler was to begin at the Northwest corner of Ector, run South, then West, then North to the Texas-New Mexico line, then East to the Southeast corner of the territory of New Mexico, then North to the Southwest corner of Andrews County, and then closing to its Northeast corner. Loving County was described much the same way, with the boundary beginning at the Northwest corner of Winkler County, extending clockwise to the Pecos River, to the Texas – New Mexico line, and closing.

Also found in this legislation was who the counties were named after:  “C.M. Winkler, a distinguished statesman, soldier and jurist of Texas and Oliver Loving, a brave pioneer of West Texas, who fell at the hands of the Indians, in the territory designated by his name.”

For judicial, surveying and all other purposes the counties of Winkler, Loving and Ward were attached to the county of Reeves.

In time each county grew with population to be organized with their own political “fathers.” Well, Loving County is still trying to grow.  Interestingly, Loving County is the least populated county in the State of Texas, its population hovering around 100, give or take.

In 1904, Ector County had their West and South lines surveyed on the ground by C.B. Collard, and in 1909 Ward County appointed R.E. Estes to survey their East and North lines.  For some reason Winkler and Loving Counties forgot about their responsibility to have their common line surveyed.

In the summer of 1887, H.B. Tarver, County Surveyor of Tom Green County, Texas, was appointed to survey and report the “figures” of Loving, Ward and Crane Counties. The statutory size of a county is 950 square miles in a rectangular form, with the exception of those counties bound by natural boundaries such as rivers. This is the case for the six western counties of Tom Green. It had as its Western Boundary the Pecos River and as its Northern boundary the Southeast corner of the territory of New Mexico. In such cases these counties have a statutory minimum limit of 750 square miles and may have boundaries as irregular as needed. Tarver’s figures indicate that the three counties he surveyed have fewer than 650 square miles.

WHERE IS THE LINE?

Land described for the University and Public School Fund make up the common area of Western Winkler and Eastern Loving Counties. They were surveyed or at least described from survey traverses, 77 blocks of land. These are attributed to Denis Corwin, Surveyor. Containing 1,000,000 acres of descriptions, his notes were filed with the Texas General Land Office on January 12, 1885. These lands cover many of the West Texas counties, including Andrews, Winkler, Loving and Ward, along with counties West of the Pecos River.

Mr. Corwin only described the outer blocks as so many miles by so many miles. Some of the blocks, especially the ones changed from University to Public, are covered with the more undesirable lands with sand dunes. In particular to our discussion are University Blocks 20 and 21, and Public School Land Blocks 27, 28 and 75.

Blocks 20 and 21, University Lands were not subdivided and surveyed on the ground into 640 acre sections, as prescribed by statute, until the late 1920’s. Special Surveyor University Lands, Frank F. Friend, from San Angelo, Texas, made this historic survey from August 1929 to March 1931. On his survey map he has a note stating how he plotted the common Winkler-Loving county line. It is based upon the 1887 creation description; however, neither county has officially had it surveyed.

In 1900, W.D. Twichell, State Surveyor, made surveys and prepared field notes of sections in Public School Land Blocks C-22, C-23 and C-24. These blocks of land lay just South of and adjacent to the territory of New Mexico. When thorough investigations of his published records are made, one will find that he knew where the “Clark Monument 27” actually fell in relation to the prescribed 32nd parallel. John Clark was the surveyor appointed to survey the Southern and Eastern line of the territory of New Mexico being the common line of the State of Texas, in 1859. This perpetuated monument can be found a few hundred feet Southerly of the State line as we know it today. Twichell took his surveys to his found 32nd parallel, ignoring the pie shape that would be created by connecting monument 27 to the “Clark Monument” he found at the Southeast corner of New Mexico. He did not make reference to a county line between Winkler and Loving.

The U.S. Boundary Commission made a survey of the 32nd parallel in 1911, the year New Mexico became a state. In this particular area, they did not find any of Clark’s monuments except for the Southeast corner of New Mexico. At each mile Westerly from the mentioned Southeast corner, they set a standard 3-inch pipe with a brass cap marking the mile post position.

Another 95 years passed before another historical survey of great magnitude was made. In 2005, with the aggressive drilling for newfound natural gas fields, Anadarko hired us to make surveys and prepare a subdivision map of Public School Land Blocks 27, 28 and 75.

The wells were being drilled in sections that had no field note descriptions. Also, lands are being taxed without field note descriptions, especially in relation to a county line. So with advice from the survey division of the Texas General Land Office, we created a subdivision plat and prepared field notes of a few sections for patent to issue. This was then filed in both Winkler and Loving Counties along with the General Land Office. However, we had no choice but to make a disclaimer note that the county line is not surveyed; therefore, it cannot be shown on the plat for reference.

Since 2005, personnel in the survey division of the General Land Office have changed and the notification that we made of the Winkler-Loving County line being insufficiently marked or surveyed once again was forgotten. On occasion I would drop reminders to the county judges of both counties.

Last fall, one of these reminders generated serious thought. Due to the changing economy, both counties thought it best to reconsider this survey before moneys run out. After meeting with both commissioners courts several times, explaining to them and the public the necessity of the survey, and fielding their concerns, a date of March 11, 2010, was assigned to begin the survey on the North line of Ward County, 31 miles West of the Southwest corner of Ector County.

CHALLENGES OF THIS SURVEY

Local Government Code, 72.003. Boundary Markers, has not been changed to meet today’s survey markers. The initial corner and mile post are to be of hewn cedar, cypress or bois d’arc, at least 8 inches in diameter, five feet long and set to a depth of at least 3 feet. Though the Southwest corner of Ector County is a bois d’arc post and in very good condition, considering some vandalism, these statute monuments do not meet today’s need of stability.

It is decided that a more suitable material for markers is drill stem. It is a heavy thick metal material and has been donated by Chesapeak. The markers are cut to five-foot lengths and “WINKLER COUNTY” and “LOVING COUNTY” have been welded on respective sides. The tops have been “orange peeled,” a technical term for closing the top so that water will not fill the inside and rot from inside out. Anadarko has donated the cement to help hold the monuments in place.

Since we will be drilling the holes, Winkler County notified First Call.  This is a challenge. First, in explaining how to get to each point, we provided latitude and longitude coordinates to use with their handheld GPS units. This went over their heads because when looking at Google Earth they did not see any roads to these points. Second, since we are dealing with three counties and two States, all kinds of red tape is involved. We quickly decided to hand dig the hole on the North line of Texas. The situation has created much confusion for officials trying to update their maps. They ask, how can you move a county line?

Driving a Yamaha Rhino across more than 27 miles of raw country turns out to be the easiest part of this survey. At least we hope this is. On Monday, April 19, we were scheduled to begin the final stage of the ground work. I will report on the completion of the field work and the filing of the field notes along with a conclusion to the beginning story.

(Look for part 2 of A Note In A Bottle in an upcoming Texas Surveyor magazine.)