"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."
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.