Opinion No.

Honorable Charles D. Travis Executive Director Texas Parks Wildlife Department 4200 Smith School Road Austin, Texas 78744

Re: Authority of Department of Parks Wildlife to refund fees paid by Jacintoport for dredged material taken from Carpenter's Bayou

Dear Mr. Travis:

Your request for our opinion concerns a demand made by the Jacintoport Corporation for a refund of the $25,000 fee it paid to the Parks and Wildlife Department for the right to perform certain maintenance dredging. We understand the facts are as follows:

In January, 1980, Jacintoport applied to the U.S. Army Corps of Engineers for…