"While we recognize TCEQ’s authority to manage and regulate the state’s scarce water resources, such authority must not exceed its express legislative mandate. See id. We conclude that TCEQ’s police power and general authority does not allow TCEQ to exempt junior preferred water rights from suspension based on public health, safety, and welfare concerns. Rather, section 11.053 specifically sets forth the limits of the agency’s powers in times of drought. See Pub. Util. Comm'n, 53 S.W.3d at 316. Accordingly, we overrule TCEQ’s second issue."
Thursday, April 2, 2015
Texas Cities Are the Big Loser
Ruling from the District Court. Ranchers and farmers are the big winners in terms of water rights.
"While we recognize TCEQ’s authority to manage and regulate the state’s scarce water resources, such authority must not exceed its express legislative mandate. See id. We conclude that TCEQ’s police power and general authority does not allow TCEQ to exempt junior preferred water rights from suspension based on public health, safety, and welfare concerns. Rather, section 11.053 specifically sets forth the limits of the agency’s powers in times of drought. See Pub. Util. Comm'n, 53 S.W.3d at 316. Accordingly, we overrule TCEQ’s second issue."
"While we recognize TCEQ’s authority to manage and regulate the state’s scarce water resources, such authority must not exceed its express legislative mandate. See id. We conclude that TCEQ’s police power and general authority does not allow TCEQ to exempt junior preferred water rights from suspension based on public health, safety, and welfare concerns. Rather, section 11.053 specifically sets forth the limits of the agency’s powers in times of drought. See Pub. Util. Comm'n, 53 S.W.3d at 316. Accordingly, we overrule TCEQ’s second issue."
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