Legal Opinion

Nueces County Water Control & Improvement District No. 3 v. Texas Water Rights Commission

Court of Appeals of Texas

Decided May 17, 1972No. 11907PublishedCited by 16 opinions

1Opinion of the Court

SHANNON, Justice.

This appeal involves the construction of Art. 7519a(2) and Art. 7477, Section 8(b) and (c). 1 The principal question concerns the power of The Texas Water Rights Commission, 2 under these statutes, to do other than to cancel a certified filing for nonuse or non-beneficial use. The District Court of Travis County construed the statutes as authorizing the Commission “to exercise its sound discretion” to adjudicate (“to evaluate and clarify”) “. . . previously undefined certified filings and other rights in terms of their priority, use, quantities and limitation . . . ”

Appellant,…

2Cases cited3 opinions

  1. Stauffer v. City of San AntonioTexas Supreme Court · 1961
  2. Texas Water Rights Commission v. WrightTexas Supreme Court · 1971
  3. Fairbanks v. Hidalgo County Water Improvement Dist. No. 2Court of Appeals of Texas · 1923

3Cited by16 opinions

  1. Texas Utilities Electric Co. v. Public Utility CommissionCourt of Appeals of Texas · 1994
  2. Martinez v. Texas Employment CommissionCourt of Appeals of Texas · 1978
  3. City of Corpus Christi v. Nueces County Water Control & Improvement District No. 3Court of Appeals of Texas · 1976
  4. Railroad Com'n of Texas v. Atchison, Topeka & Santa Fe Railroad Co.Court of Appeals of Texas · 1980
  5. Southern Pacific Transportation Co. v. Railroad CommissionCourt of Appeals of Texas · 1979

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